The necessity in obtaining care may occur in respect of a minor child (under 14 years), and in respect of an adult personwho has been declared incapacitated and can't care of your existence.
Be aware that custody over a child can be established in cases when a child is left without parental care. Such cases include the death of parents, denial (full or partial) of their parent rights, recognition of parents incapacitated. A guardianship may be established in cases where the child's parents seriously physically ill, which limits the performance of their parental responsibilities. In these cases, the guardian may be a grandparent of the child. Guardianship over an adult person may be established only in case it is declared incapacitated in the manner prescribed by law.
For registration of guardianship, please contact the local guardianship and trusteeship body, with the package of documents required for this procedure. In this package of documents includes the conclusion of the medical Commission which confirms the possibility of the candidate of physical and mental condition to perform the duties of guardian. Please note that if you have a disability or limitation disability (occupational disease), you have the right to refuse.
Prepare your autobiography, features: from place of work and place of residence, proof of monthly income, consent for care from each member of the family of the candidate over the age of 10 years, a document that contains detailed information about housing and living conditions.
In custody, you will be asked to write a statement, which shall be considered within 30 days, after which the decision on the issue of guardianship. When making decisions, the guardianship authority is considering a full range of factors influencing the capability of the candidate the duties of the Trustee, including the moral qualities of a candidate and the desire of the ward.
Advice 2 : How to obtain guardianship of elderly
Guardianship can be of two types – in the form of custody, on the basis of article No. 29, No. 48 of the Civil code, guardianship and patronage on the basis of article 41 of the civil code. Depending on this occurs legal rights to care for the elderly.
You will need
- - a statement from the guardian and the ward;
- package of documents for registration of guardianship;
- - a statement to the court.
For registration of guardianship in the form of patronage guardianship, elderly people should Express my personal written consent, apply to the bodies of guardianship and guardianship. The application must come from individuals who care.
Seniors can choose their own guardian, and revoke the authority to care for them, by writing a repeat statement. Live guardian can with elderly people, over whom scored respite care or in their own apartment, visiting the elderly and helping them with the housework.
If an older person is fully incapacitated and adjudged insane on the basis of the conclusion of psychiatric examination, to obtain a guardianship will have to go to court.
Guardianship over incapacitated citizens is issued on the basis of a court order. Personal consent of citizens and statements from them are not required.
When making any form of guardianship, the guardian must present not only an application to the guardianship and guardianship, and other documents. The necessary documents include:- passport of RF citizen;- characteristics of the workplace; characteristics of residence;- certificate of inspection of living space guardian;- filled out and signed by all the specialists of the medical card.
Into the patient entered the results of the survey of the health of the guardian. Citizen, making full custody or foster care guardianship should be healthy, not have serious chronic diseases and cancer, not consist on the account in narcological and psychiatric clinic, not have diseases, dangerous to others.
Neither the custody nor guardianship of nursing does not give the right to become the heir of the ward, do not provide other benefits are voluntary and gratuitous. When making a full guardianship may assign the payment of social benefits, but its amount is negligible.