How to make a power of attorney to receive a pension
A power of attorney for retirement provides the right to receive a pension of another person. In most cases, the need for this document arises due to the expressive health of the pensioner.
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The design of the document is regulated FZ "On labor pensions in the Russian Federation" Article 18, p.6. It must contain certain data. It is also important to know about the timing of its action, the annual confirmation of the registration of the place of residence, cases of termination of the action and order of assurance. We will analyze every item in more detail.
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Drawing up. The document is issued in free form on the sheet of paper A4. It is important to include the necessary details in it:
Name;
Pensioner phoe, date of birth, place of residence;
Full name of a trustee, date of birth, place of residence;
Duration of action. According to the article 186 of the Civil Code of the Russian Federation, the pensioner has the right to make a power of attorney for any term. Without an indication of the term, it will be considered valid only one year. But the date of issue must be issued necessarily, since without it the document is invalid.
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Confirmation of registration. It is important to know that every year the pensioner needs to confirm the registration of the place of residence. This rule is not valid for documents issued for one year. To confirm, he can personally receive a pension once a year. It is also possible to confirm the registration through a trustee, who needs to contact the territorial body of the PF and provide one of the following documents:
Pensioner passport;
Certificate of registration at the place of residence (stay);
Help of the WEO or local government for registration at the place of residence (stay) with the basis of issuing.
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Cases termination. According to the article 188 of the Russian Federation Power of attorney can be discontinued in the following cases:
Ending;
Denial of a trustee;
Cancellation of a pensioner;
Termination of a legal entity who was given a power of attorney (or reorganization);
Death of one of the persons;
Recognition of one of the persons is limited by capable or incapable, as well as missingly missing.
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Procedure. According to the article 185 of the Civil Code of the Russian Federation, the pensioner has the right to assure a document for free in the organization where he studied, officially worked or treated. Many people assure power of attorney in notaries, but on a paid basis. If the pensioner is not able to write a document independently, it is necessary to cause a notary to the house and invite one more person as a witness. If the principal cannot write, it is enough to give an answer about the consent. But if he is not even talking, you will have to undergo a guardianship procedure for incapable. Only after that you can get a power of attorney.
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Supplements. It is important to know that the power of attorney of pensioners who serves punishment in correctional organizations is not accepted. In this case, the pension is paid at the place of finding a correctional organization. But if individuals are in the detention facility, and the court sentence has not yet been rendered, a trustee can receive a pension. The document must assure the head of the SIZO. It is worth noting that the organization, for example, psychiatric institutions, at home boarding houses for the disabled, and so on, may be trusted to obtain a pension, and so on. In this case, the pension will be listed on the account of this organization.
Making a power of attorney does not occupy a lot of trouble. Difficulties are only in choosing a assistant or registration of guardianship over the pensioner (if necessary). It is also important not to forget to confirm the registration of the pensioner.
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