Advice 1: How to write an application for guardianship

Sometimes in life there are times when our near and dear people, like children, require continuous support and assistance, saying the legal term for custody. This is a necessary measure to protect the legitimate rights and interests of people in need of care.
How to write an application for guardianship
You will need
  • - a sheet of A4 paper;
  • - documents (or copies thereof) attached to the application (the autobiography, the characteristic from work, medical opinion, etc.);
  • - handle.
Instruction
1
Issued guardianship over a minor child (under 14 years) or over a person, recognized incapable by court. Candidate guardians strict requirements, the main of which is: to be an adult and capable citizen, have the necessary set of personal and moral qualities which make a guardian. It is desirable to be in kinship with a person, above which issued the guardianship.
2
If you have the desire and ability to be a guardian then go to the local Department of guardianship. Pre-assemble the necessary package of documents prescribed by law (medical certificate, certificate of lack of criminal record, etc.). There is a write statement with the request to give an opinion on the possibility of becoming a guardian.
3
Carefully complete the statement. In the upper right corner enter "cap" of the document: who (usually it is the local body of guardianship) it is addressed and by whom (surname, name, patronymic of the candidate for guardian, and address of residence). Just below, write the word "Statement", and describe the nature of the request, specify the person you want to take care of. It is mandatory to notify the reasons in which the person has lost capacity.
4
At the bottom of the application select desired applications, for example: a copy of the court decision on recognition of the person incapacitated, the characteristics of your previous jobs, recommendations of the Commission on guardianship and others. Below put his signature and the date of the application.
5
The guardianship authorities within a period not exceeding one month will prepare the conclusion about the possibility of becoming a Trustee or the refusal to guardianship. To do this, they carefully studied the personal qualities of people who have expressed a desire to become guardians of, their living conditions, their motives and much more. If the guardianship no complaints and the reasons for refusal, the citizen receives the right to be a guardian.
Note
You should make sure about the health condition of the employee on the basis of official reports. For this either you need to send it to a medical facility or the employee himself should bring medical certificate in the prescribed form.
Useful advice
In any case it is better to ask the employee to write a statement to allow it to work (Appendix 4). The base will be a medical report. After that, in a free form issues an order on the permit to work (Appendix 5). It must specify the date the employee will begin performance of duties and the position to which he is admitted.

Advice 2: How to apply for guardianship to the mother

Above the competent person to issue a guardianship is a written statement of consent. The application must be submitted to the bodies of guardianship and guardianship. If the person is incompetent, his custody can be registered only in a judicial order.
How to apply for guardianship to the mother
You will need
  • -identity documents of both parties
  • -the statement in the guardianship of the Trustee
  • -the statement in the guardianship of the ward
  • -certificate of medical mental examination, if the person is incapacitated
  • -an application to the court for recognition of guardianship of incapacitated person
  • -act of the housing Commission for housing of the Trustee
  • -act of the housing Commission for housing ward
  • -certificate of family composition of the Trustee
  • -characteristics of employment of the Trustee
  • -characteristics of residence of the Trustee
  • -proof of condition of the Trustee
  • reference from drug abuse dispensary for Trustee
  • -a certificate stating that the Trustee does not suffer from diseases in which the execution of custody is not allowed (tuberculosis, Oncology, etc.)
  • -information on the financial position of the Trustee
  • -may require additional documents
Instruction
1
If your mom is a man capable, that is, not recognized as incapable for medical psychiatric expertise, that will send a personal statement to the bodies of guardianship and guardianship in your area. The statement also must be submitted from mom about what she wants to be took care of. Only with her personal consent, the guardianship may be appointed.
2
In addition to the statements from the guardian and the ward are required to collect and submit a large package of documents to the bodies of guardianship and guardianship. When assigned to the guardianship, the guardianship will be permanent control over the Trustee. We will check the quality of care for the ward, checked the observance of his rights and interests. All changes in the life and health of the ward must be reported immediately to the guardianship.
3
Care is taken on a voluntary basis. Charges are not made. Money and property can be disposed of only with his personal consent. Any legal action with property of the ward to produce on their own is impossible.
4
At the personal request and on the request of the ward, the guardianship may be withdrawn at any time.
5
If the person is incapacitated and unable to take responsibility for their actions – refer an application to the court about wanting custody. Take mom to a medical mental examination. The recognition by physicians of her incapacity, you will be awarded the assignment of guardianship or drive my mother in a psychiatric clinic. Because in this case everything depends on the decision of the court. After the court decision necessary to write the application in bodies of guardianship and guardianship for registration of guardianship. To collect and present the same documents as in the first case.
6
Money and property of a person declared incapable can be managed under control of bodies of guardianship and guardianship. The control of these bodies will be made for all actions of the Trustee in relation to the life, health, quality of care, with the use of money and property. About all the changes in the life and health of the ward must be reported immediately to the guardianship.

Advice 3: How to take custody of the child

To take the child from the orphanage to education by using various forms of the family device. If such a serious step as adoption, you are not yet ready, then you can consider the option of guardianship.
How to take custody of the child
You will need
  • Passport;
  • - medical report on the condition of the established sample.
Instruction
1
Guardianship (trusteeship) – the most common form of family unit. In the case of guardianship of the child be taken home by the decision of bodies of guardianship and guardianship, not of the court. And control over the family in which a child performs the same Supervisory authority.
2
If you want to take the child under guardianship, you should contact the child's place of residence (registration) and write a standard application form and provide a medical report about your health. In fact, the guardianship can no longer charge you any documents. But in fact, they have the right to obligate you to collect a full package of documents needed for adoption.
3
After the adoption papers guardianship carry out the survey of your living conditions. And within 30 days make a decision whether you can become a guardian. If the answer is Yes, if you have already chosen a child, you can take him home.
4
If a particular child you have not yet chosen, use the information in the regional and Federal databases of children who are subject to family placement. Selecting a child, please contact the guardianship for permission to meet with him. With this solution you visit an orphanage and meet the child. Director and staff are required to provide you with all necessary information to show a personal matter, and medical records.
5
You can search and watch children as much time as you need for a final decision.
Note
Restrictions for persons wishing to become guardians:
Incapacitated incapacitated or restricted;
- deprived of parental rights;
- with limited parental rights;
- has a criminal record for crimes against life and health;
- not having a steady income;
- suspended from the duties of a guardian.

Advice 4: How to become a guardian of a disabled group

Invalid of the 1st group is people completely losing their ability. If the disease is not associated with mental disorders, it has the right to decide who will take care of them (article 41, civil code). In this case, a nursing guardianship. If the disability received in connection with mental disorders, a guardian is appointed by the court without considering the opinion of the disabled (article 29, 48 of the civil code).
How to become a guardian of a disabled group
You will need
  • - application to the guardianship;
  • - a package of documents;
  • - a statement to the court.
Instruction
1
If you are going to get custody of the disabled person of 1 group that is not recognized by the court based on the psychiatric examination completely insane, contact the guardianship and custody of your neighborhood with the statement. Application for registration of nursing guardianship must be presented and the disabled.
2
You are to present to the guardianship certificate of inspection of your housing members of the housing Commission, the inquiry on incomes of the form 2-NDFL, the characteristics of employment and of residence, health card, signed by all the specialists mentioned in the document. Card you will be given custody of authorities. You need to see a oncologist, psychiatrist, psychiatrist, therapist, TB specialist, to present extracts from the AIDS centre. Guardian, caring needs to be fully healthy.
3
The guardianship and guardianship will review your application and assign you a Trustee. You are required to make monthly full count before care about the health of his ward and the expenditure of its funds. At any time at the request of the disabled you can withdraw the powers of the Trustee.
4
If you are going to get custody of a disabled group 1, recognized by a court as incapable due to mental insanity, apply to the bodies of guardianship and guardianship and the court. Only on the basis of court orders involving guardianship, attorney, you may appoint the guardian without asking permission and consent of your ward.
5
As in the first case, you must submit all the documents and medical records. If you are not working, then you can appoint allowance in the amount of 1200 rubles for the care of a disabled group 1 (Government decision No. 343).
6
No more concessions in the exercise of guardianship you are not supposed to. You will not be the heir to the ward, you will not inherit his estate in case of death (article 63 of the civil code). In fact, the guardianship is voluntary.

Advice 5: How to write a statement to the police about the threat to life

There are situations when there is reason to believe that your life or health being threatened by someone. By law a citizen has the right to contact the police and to declare the fact of threat of life, in violation of article 119 of the Penal code.
How to write a statement to the police about the threat to life
Instruction
1
If someone threatens to kill you or to harm human health, and thus you have a real reason to trust this threat, the perpetrator may suffer criminal liability for the use of mental violence. For then to initiate a criminal case on this fact, you need to contact the police Department at the place of residence and to write the corresponding statement. It is necessary to specify your name, address, passport data, called the person threatened, time and place of the crime. In addition, you will need to outline the circumstances of the uttering of threats, their shape and the grounds on which you believe these threats are real. If this fact were present witnesses, enter their names and contact details. Don't forget to mention that you warned about liability for perjury.
2
Of course, it is not necessary to inform the police whenever you hear something that could be interpreted as a threat. In the comments to the Criminal code says that in this case the offense is determined by the specificity and the reality of the threat. For example, if a neighbor constantly threatened to kill you, and you know that he has a hunting rifle, you have every reason to perceive the threat as real. In the event of litigation concerning this statement should be figuring out expected whether the aggressor is in this psychological impact. The penalty for violation of this article are forced to work, or the limitation or deprivation of liberty for a term up to two years.
Note
An important role plays the presence of aggravating circumstances, for example, motivated by religious, social, racial enmity or hatred. Remember that hidden video and audio recordings are not considered evidence in court.
Useful advice
Note that the police do not always prosecute in such statements. In case of refusal to initiate proceedings you can apply to the regional Prosecutor's office. If the threats were carried out in written form, they must be attached to the application.

Advice 6: Why the guardianship is given failure

The guardianship can be denied on the disposal of the house or apartment, the share of which belongs to the child, if such transaction violates or infringes the rights of minors. The process of obtaining a positive decision is complicated by the lack of clear criteria by which the guardianship evaluate each application.
Why the guardianship is given failure
Parents of minor children often face difficulties in the implementation of the decision on the sale or exchange of the dwelling, the share of which belongs to the child. A prerequisite for making such transactions is the receipt of the consent of bodies of guardianship and guardianship, as stipulated in the current civil law. The purpose of such conditions is to prevent the violation or infringement of the rights of minors due to the deterioration of its financial situation, so the rule applies not only to parents but also to guardians or caregivers. To obtain the consent of the guardianship parents should know the most common causes of failure of the competent authorities in the approval of the relevant transaction.

The most common causes of failure of authorities in the alienation of the property



The most frequent reasons of failure of authorities in the alienation of the property are:
- the possibility of contestation or annulment of the transaction of purchase and sale or exchange agreement of the property in the future that may lead to homelessness of the child;
- reducing the share in the ownership of the apartment or house that belongs to the child;
another deterioration of living conditions of the child (the acquisition of more affordable real estate, the location purchased property in return sold the house or apartment, etc.).

While the list of specific reasons why a guardianship may be granted a negative decision on a particular transaction, never fixed. It therefore should be guided by the General principle of the inadmissibility of deterioration of living conditions of the child, otherwise the infringement of his proprietary rights as a result of implementation or sale of the property.

What to do when you receive a negative decision of the guardianship?



If the guardianship is still refused permission for the transaction on alienation of real estate, a possible solution for parents can be challenging the relevant act of the court or another appropriate transaction of sale or barter. Select the first option when there are clear indications of unlawful refusal, the second solution is suitable for cases justified a negative decision, the reasons for the adoption of which was a clear violation of the interests of minors.

Advice 7: Guardianship as work

Under the law, every citizen of Russia of any age and health status has rights and obligations. But not all individuals can implement them by reason of partial or total disability. The rights and interests of such persons to protect the guardianship and guardianship.
Guardianship as work
Instruction
1
The essence of care. Guardian appointed for children up to the age of fourteen years, and also incapacitated people because of their mental disorder. The essence of guardianship is that the guardian is almost completely involved in the care, treatment, education, training, and maintenance of the child or person with a mental disorder, the duty of the guardian to include a joint living with the ward. In this ward retains his surname, name and patronymic. Typically, a guardian is appointed only one person, every month he allocated funds for the maintenance of the ward. The guardian is obliged to account for the money spent, as they all belong to the ward, and must be spent solely on him. Contacts between wards and relatives are not prohibited.
2
Requirements for the guardian. The guardian must be an adult and give consent to this role. In addition, it should not be a criminal record for causing harm to life and health. As a rule, as a guardian appointed by the relatives of the ward, if there are none, then the guardianship and curatorship themselves appointed guardian. To ensure that the guardian does not abuse his powers, the law set certain limits, for example, the guardian does not have the right to take actions with the property of the ward (sale, lease); a guardian has no right to dispose of the funds allocated to a ward, for their own purposes, so once a year he reports to the guardianship of their activities.
3
Persons who are not eligible to be guardians. In the role of guardians there may be older people (over 60 years); persons who are deprived of parental rights; persons previously removed from the custody; people suffering from serious diseases (tuberculosis, oncological diseases, mental disorders, heart diseases and so on); alcoholics and drug addicts; former adoptive parents, through whose fault the adoption was canceled.
4
Termination of guardianship. When the child reaches fourteen years of age, the guardianship shall be terminated and replaced by guardianship. If this mentally ill person, the guardianship is terminated by court order. In addition, if the guardian does not fulfill all requirements placed on him, he loses his status. Also the guardian can give up his role, in this case, the court will appoint a new one.
5
As such, guardianship does not imply profit, and earnings, as a form of social assistance to incapacitated. To obtain payment for care on the ward should arrange a foster family (for minors). This form of care for minors involves monthly payments for maternal labor is calculated based on the level of the minimum wage in the region. When making instead of guardianship of a foster parent family are employed, shall be paid at the same time and child support. There are also plan programs for guardianship of the disabled. In this case, non-working guardian has the right to receive wages for caring about the ward, the guardian is experience and a record is made in the workbook.
Note
The child must not only monitor the performance of the duties of a guardian, but also to facilitate care of the ward, to help in various ways, which are provided for the wards of citizens.
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