If a Person Is a Guardian Can He Work?

Rights and responsibilities of a guardian over an incapacitated person

However, it must be taken into account that PLOs only accept complaints based on evidence . This may include:

Article No. 145, which clearly defines the procedure for establishing guardianship over incapacitated citizens;
Article No. 146, which puts forward specific requirements for future guardians;
Article No. 148, which clearly defines the rights of the wards themselves;
Article 148.1, which clearly regulates the rights and obligations of guardians.

What is guardianship and trusteeship?

Guardianship and trusteeship is one of the types of social protection of the individual by the state, aimed at restoring the ability to exercise rights and interests through third parties. Such citizens are called guardians and trustees. The law imposes certain obligations on them that they must follow.

The possibility of appointing guardianship is determined both for completely and partially incapacitated persons.

One of the tasks of establishing guardianship over minors is not only the protection of interests, but also proper education.

Guardianship of minors is established:

if the child does not have parents or they have been deprived of their rights;
if the children's parents do not fulfill or do not adequately fulfill their legal duties.

Articles 32 and 33 of the Civil Code of the Russian Federation define the concepts of guardianship and trusteeship:

guardianship is determined for young children, as well as for citizens who are incompetent due to mental disorders;
Guardianship is exercised over minor children aged 14 to 18 years, as well as over persons limited in legal capacity by the judiciary.

If a man is a woman's guardian, can he marry her himself?

In this case, he can conclude a marriage contract on his behalf and on behalf of the woman, since he is her guardian. He says: “I will marry you” or “I take so-and-so as my wife,” etc. He does not need to say, “I accept,” since his consent is already implied. The woman also does not need to say “I accept” because a woman cannot enter into a marriage contract for herself or anyone else and it is the responsibility of her guardian.

Or he may appoint an attorney to conduct the prenuptial agreement, whether he is an official or not. In this case, the attorney (wakil) says: “I give you such and such as a wife,” and he replies: “I accept.” Both methods of concluding a marriage contract are transmitted from the Companions (may Allah be pleased with them).

What benefits are available to guardians?

Guardianship of children and incapacitated persons is a complex and responsible mission. The provided benefits and payments only to a small extent facilitate the performance of guardianship duties. However, you should not refuse to receive benefits, even if obtaining them requires collecting documents or completing other formalities.

Benefits for guardians are provided both in the form of material payments and in the form of exemption from any duties. Guardians and trustees can take advantage of benefits if certain conditions are met. This issue will be discussed in more detail in our article.

Can the guardian work?

Guaranteeing the protection of the rights of its citizens, especially representatives of the person who has received an official guardian, has the right at any time to write a statement renouncing such relations. The guardian of an adult incapacitated person performs his duties free of charge. Do guardians have the right to work? Guardian - yes. But the recipient of compensation payment for caring for a disabled person of the first group in the amount of 1200 rubles - no. Or rather, he loses the right to payment after employment.

12.3. Hello, if the mother is declared incompetent, then the son can sell, but if patronage is simply provided to the pension fund, then he does not have the right to officially find a job and sell the apartment if the mother is the owner.

Registration of a tax deduction for an adoptive parent (guardian)

Recognizing a person as a single parent gives the right to a doubled deduction. Additionally, it is confirmed that the child is supported by a person, which corresponds to cohabitation. The person appointed as guardian does not necessarily qualify as a single parent. The legislation defines the possibility of appointing several persons to provide for a child. The form of guardianship (sole or joint) is indicated in the act of the guardianship authority or a certificate upon request.

The presence of a registered marriage does not affect the equation of a sole caregiver with single parents. Guardianship is assigned to a specific person and the presence of marriage is not taken into account when registering it and further maintaining the ward. Spouses of guardians do not have the right to use the benefit or receive the opportunity if the main person refuses in their favor.

Does a guardian have the right to work for an incapacitated person?

And Article 37 of the Civil Code of the Russian Federation, paragraph 2, adds that without the permission of the guardianship and trusteeship authority, the guardian does not have the right to make But only in the only case if the will was drawn up before the ward was declared incompetent, that is, before.

In order to find out the political literacy of the masses, first you need to establish which nation this mass of people belongs to. From this we can determine political correctness based on the interests of the nation!

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What payments are due to the adoptive parent, guardian, trustee?

Adoptive parents often ask what payments they are entitled to

Photo - from the personal archive of Nonna Romanova.

Answered by Nonna Romanova, a lawyer who protects the rights of women and children @mamavzakone.ru

Adoptive parents, guardians and trustees are entitled to federal benefits when placing a child in their care.

In some cases, in particular, a monthly payment in connection with birth (adoption), a maternity benefit and a monthly payment for a child aged three to seven years inclusive may be paid.

Payments and benefits can also be established by constituent entities of the Russian Federation. All adoptive parents, guardians and trustees are entitled to federal benefits when placing a child in a family.

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From 02/01/2021, when one child is placed in foster care with a family, the benefit amount is 18,886.32 rubles, and when adopting a disabled child, a child over seven years old, children who are brothers and (or) sisters - 144,306.88 rub.

When a child is transferred to a family where he was previously under guardianship (trusteeship), benefits to adoptive parents and guardians (trustees) are paid again.

When adopting a child under the age of three months, maternity benefits are also paid from the date of his adoption until the expiration of 70 calendar days (for the simultaneous adoption of two or more children - 110 days) from the date of birth of the child.

Under certain conditions, the adoptive parent or guardian may be assigned a monthly payment in connection with the birth (adoption) from 01/01/2018 of the first or second child until he reaches three years of age.

In connection with the spread of coronavirus infection, citizens of the Russian Federation who took temporary custody of orphans, children left without parental care from social service organizations, organizations for orphans and children left without parental care, for the period from 04/01/2020 to On June 30, 2020, special payments were made. As a general rule, the payment amount was 12,130 rubles. monthly. You could apply for her appointment until 10/01/2020.

IMPORTANT! State benefits received by adoptive parents, guardians and trustees, as well as monthly payments in connection with the birth (adoption) of the first or second child before he reaches three years of age are not subject to personal income tax. Additionally, working taxpayers are eligible for the standard child tax credit.

Social guarantees are also provided by the constituent entities of the Russian Federation. However, keep in mind that the size of the payment and the volume of benefits provided in the constituent entities of the Russian Federation are different, so check with the department of social protection of the population at your place of residence (place of actual stay) what payments and benefits you are entitled to.

You can apply for payments:

• directly to the authorized body; • through the MFC; • through the Unified Government Services Portal

To assign a particular payment, as a rule, the following documents are required:

1) application for payment; 2) identification document of the applicant (passport); 3) certificate of adoption of the child; 4) a court decision on adoption that has entered into legal force; 5) an extract from the decision of the guardianship and trusteeship authority to establish guardianship (trusteeship) over the child; 6) a certificate from the child’s place of residence confirming his cohabitation with a guardian (trustee); 7) a document with the applicant’s account details; consent to the processing of personal data.

You can contact the relevant authority directly or through the MFC. You can also send the necessary documents by mail (in a way that allows you to confirm the fact and date of sending) or in the form of electronic documents.

Maternity capital is the central measure of state support for Russian families. In 2021, about 800 thousand families have already received a certificate for financial capital.

What amounts are paid in 2021?

— 483,882 rub. - for the first-born, if he was born in 2021 or later, or for the second and subsequent children born or adopted in 2007-2019. -639,432 rub. - for the second or next child, if he was born or adopted in 2021 or later, and the previous children were born before 2007 and maternity capital did not rely on them. -155,550 rub. - for the second child, if a certificate was received for the first.

From April 2021 The pension fund issues a certificate without application. The child’s mother will learn about the purpose of the financial capital in her personal account through the State Services Portal, as well as via SMS to the phone number indicated on the portal. (This service does not apply to guardians and trustees).

Who can receive a maternity capital certificate?

Maternity capital is received by the mother of the child, a citizen of the Russian Federation, however, there are cases when the right to maternal capital passes to other persons. For example, in the event of the death of the mother or deprivation of her parental rights.

In this case, the right to financial capital passes to the child’s father (adoptive parent), even if he is not a citizen of the Russian Federation. Disclaimer: the child’s stepfather cannot be the recipient of a certificate for maternal capital.

If the child’s mother, for objective reasons, cannot obtain a certificate for maternity capital, but the father is not, the right to maternal capital passes to the minor or a full-time student until he reaches the age of 23.

What can you spend your financial capital on?

- for the purchase (construction) of housing, including the payment of the down payment on a housing loan (loan) - for the monthly payment for the second child;
- for the purchase of goods and services for social adaptation and integration of disabled children into society; -for the mother's funded pension. -for the child’s education, including paying for kindergarten. GET A CONSULTATION FROM A LAWYER OR PSYCHOLOGIST

How does a guardian have the right to work?

A guardian has the right to act on his behalf, whose duties in your case, in accordance with Art. 35 of the Civil Code of the Russian Federation are assigned to the boarding school. How our courts work is well known, and the work of the boarding school employees is not easy, but poorly paid.

Legal capacity is the ability to exercise one's rights. That is, there is an apartment in the property, a capable person can dispose of it - sell it, rent it out, drink it away, register a gypsy camp, etc. An incompetent person owns the apartment, i.e. he is the owner, but he cannot dispose of it himself - it is for him done by a court-appointed guardian.

Procedure for appointing guardians or trustees

The appointment of a guardian or trustee is regulated in accordance with Article 10 of the Federal Law “On Guardianship and Trusteeship”. In order to assume the rights and responsibilities of a guardian, it is necessary to meet all the criteria that the state imposes on such persons. This is full legal capacity, the ability to positively influence the formation of the child’s personality, the ability to fully fulfill all the obligations of the guardian, not only in terms of material supplies, but also taking into account moral and moral aspects.

If the potential trustee (guardian) has passed due diligence, then he must subsequently provide all information and personal information about himself. Only after this can he be allowed to establish guardianship over the person who needs it.

It is worth paying attention to the fact that the preferential rights of a guardian belong to close relatives (grandparents, parents, spouses, etc.). They are the ones who can establish guardianship or guardianship in the first place. If for some reason this is not possible, then a guardian can be appointed by the competent authorities from among those citizens who are ready to take responsibility.

If a man is a woman's guardian, can he marry her himself?

I want to marry my cousin on my father's side. According to Sharia, I am her guardian. I want to marry her, but we have no close relatives or brothers and there is no one who could be her guardian except me. Is it possible for me to say in the presence of witnesses: “I am marrying you to myself,” and my bride will answer: “I agree”? Or should I ask the person who will draw up the marriage contract to be her guardian? What should I do?

Can a pensioner take guardianship of a minor and what benefits are he entitled to?

Therefore, it is often established in relation to persons after 80 years of age. Such guardianship is entirely voluntary. As a rule, the pensioner's children or other close relatives become guardians.

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These conditions are basic and they do not contain restrictions on the guardian’s age, social status or any other characteristic. The establishment of such restrictions would mean discrimination on one or another basis, which is unacceptable and contrary to the fundamental norms of the Constitution of the Russian Federation.

Is it possible to be a guardian and work?

How to formalize guardianship over an elderly person The Civil Code of the Russian Federation provides for two ways to formalize guardianship over an elderly person: Who can be considered elderly Experts have adopted the following division: up to 45 years of age, a person is considered young; from 45 to 59 years is a mature age; from 60 to 74 years old are older people; from 75 to 89 years is old age; Above 90 years is the age of centenarians.

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Who can be the guardian of a minor child?

The level of financial wealth of a pensioner must correspond to that established by the guardianship authorities. Both pensions and pensioner salaries are taken into account as sources of income .
A potential guardian, despite his age, must be in excellent health and not have chronic diseases or disabilities (group I disabled people are prohibited by law from becoming representatives of children).
The pensioner, just like any other potential representative of the child, should not have a criminal record or be brought to the police .

Thus, not only a family member, but also an outsider can become a guardian if his moral qualities do not raise questions and his financial well-being is at the right level .

How much should a guardian receive?

1. Orphans and children left without parental care are assigned and paid an allowance for their maintenance. The guardian receives this money. The amount of the benefit is determined by an annual resolution of the head of the region in which the child lives with a guardian, not lower than the projected subsistence level for children in this region. The benefit is paid by local social security offices.

2. In addition to benefits, in the event of the death of one of the parents, the child must receive a pension for the loss of a breadwinner. The size and payment of pensions is determined and carried out by social protection authorities at the place of residence, based on the standards in force in the region.

Can the guardian work?

This condition does not apply to close relatives of the child; • Persons who were deprived of parental rights or were excluded from adoption due to failure to fulfill their duties; • Repeat offenders, as well as persons convicted of illegal actions against the rights and freedoms of third parties; • Citizens with complex forms of illness (oncology, tuberculosis, mental disorders, infectious diseases, as well as injuries resulting in group 1 or 2 disability) cannot obtain guardianship.

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• Persons who are addicted to drugs or alcohol; • Do not have the appropriate skills that can be obtained at special preparatory courses.

Is it possible to work as a guardian?

In the situation under consideration, the employee is the guardian of a young child under the age of 14 and is raising him without a mother (deprived of parental rights), and, accordingly, belongs to the category of employees with whom the employment contract cannot be terminated due to a reduction in the number or staff. Under such circumstances, this employee cannot be dismissed under clause 2 of part one of the Labor Code of the Russian Federation ()

Medical examination of persons wishing to take custody (trusteeship), into a foster or foster family of children left without parental care, is carried out within the framework of the program of state guarantees of free medical care to citizens in the manner established by the federal executive body authorized by the Government of the Russian Federation. Government Decree RF dated May 18, 2009 N 423 (as amended on September 10, 2020)

Work experience and guardianship

Compatriots and individuals who provide the necessary care for disabled representatives of the first group and children with disabilities are given the opportunity not to work legally. Of course, this is associated with a low financial situation, but it does not have any effect on other aspects, since for each year spent in guardianship work, a corresponding increase in official length of service is implied, which is done through the Employment Center.

In other words, even if a person spends most of his life providing care to a disabled person within the framework of the law, he will subsequently receive a stable labor pension on an equal basis with those who were employed at that time under the Labor Code of the Russian Federation.

Important. In fact, only in theory the majority looks attractive, but with guardianship the contributions are so small that subsequently, after retirement, the person will receive a minimum pension allowance, not to mention the entire stage of life when care is provided, since a minimum benefit is provided. Based on this, it should be concluded that under such circumstances it would be better to work informally.

At the moment, many are forced not to go to work under the Labor Code of the Russian Federation, since they provide excessive assistance to persons with disabilities. According to the law, this is encouraged with everything necessary, but in practice the majority looks completely different, which is why such people are forced to go to work, giving up the provided privileges and corresponding powers, in order to ensure an adequate financial situation and stable nutrition for themselves, and in addition for a person with disabilities possibilities.

Does the guardian have the right to dispose of the ward’s property: management procedure, rights and responsibilities

In this case, the trustee can use the property at his own discretion, for example, sell it, if permission is received from the trusteeship authorities. To do this, the person looking after the elderly person must prove the need to use the property by providing the necessary papers. (A sample form of a trustee’s report on the use of the property of an adult citizen who is not fully capable can be downloaded here)

At the same time, they often have a question: what to do with the property of the ward, for example, the apartment of an incapacitated citizen or a child? Can they exchange or sell it if necessary, or dispose of it in some other way?

Can a single person become a guardian?

Is a foster family with three children considered to have many children? How can I get answers to a person’s questions about adoption if the phone “asks” to call back later or send a fax, but this is impossible to do because the phone’s “song” does not change even later? Can a single person become a foster parent? Oleg Midlenko, head of the department of vocational education and protection of the rights of minors of the Ministry of Education of the Ulyanovsk region, tried to answer these and other questions during the “direct line” in NG.

“I understand, but she’s still studying.” The issue is not being resolved. They walked me around in a circle, and then one “madam” said: “Maybe she will study with you until she’s 20!” It was said in such a tone... I say: “You’re not paying out of your own pocket!”

14 Sep 2021 uristlaw 107

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