Guardianship and guardianship

Guardianship and trusteeship in civil law are forms of protection of the rights of citizens who, because of their age or state of health, can not participate independently in civil law relations. They are necessary for persons recognized as incompetent by the court, as well as for minors who do not have parents or adoptive parents, or they evade the upbringing of children, are deprived of parental rights, as well as for other reasons.

Guardianship and guardianship of underage children is established to protect their rights due to age-specific characteristics. In this case, the first form is applied in relation to juveniles and incompetent citizens in connection with mental disorders. A legal guardian appointed by the guardianship and trusteeship body is a legal representative of such persons who performs legally significant actions in their interests . The second form is applied for minors from 14 years and citizens who are limited in capacity due to abuse of alcohol or drugs. Representatives of these persons are trustees who contribute to the exercise of rights, as well as the performance of duties.

The functions to ensure such forms of protection as guardianship and trusteeship are assigned to the respective departments of the executive committees whose tasks are:

• Identification of persons in need;
• Establishment of a form of protection of rights;
• Enforcement of their rights;
• Supervision of the performance of assigned duties by appointed
• Guardians and trustees;
• Check the conditions in which the wards live;
• Ensuring control over the management and safety of property of persons over whom guardianship and trusteeship is established.

To establish guardianship and custody, the candidate must provide:

• statement;
• A copy of the passport;
• Legal documents for living space (copies);
• Characteristics of the place of residence and work;
• Certificate of income;
• Medical conclusion of the candidate's state of health;
• Certificate of absence of previous convictions ;
• Certificate of absence of infectious and mental diseases;
• Written consent of all adult family members.

You may need:

• Judicial decision on deprivation of parental rights ;
• Certificates of death of parents;
• Pension certificate;
• Written consent of a minor, etc.

The guardian or the trustee is appointed not later than a month from the moment of revealing the future ward. Most often such persons become relatives (grandparents, sisters, brothers, etc.), less often other persons. They are appointed with the consent of the ward, must live together, create the necessary living conditions, if necessary, carry out care and treatment, protect the rights and interests.

Guardianship and trusteeship, if established, may be appealed by the person concerned in a judicial procedure. This possibility is provided for by law in order to ensure the interests of the rights of a minor or incapacitated, for which they are established.

The guardian can carry out various transactions on behalf of the ward and conclude contracts. The guardian also acts alongside the ward. The maintenance costs are reimbursed from the latter's funds. It can be a pension, alimony, allowance, etc. The report on property management should be provided in writing annually with the application of supporting documents (checks, receipts, etc.). When the guardianship and curatorship terminates, a report on the upbringing of the ward and the management of his property is provided to the authority that establishes them. In case of revealing the facts of the latter's abandonment without assistance, and also using his property for his own mercenary purposes, the perpetrators can be brought to criminal responsibility.