How to arrange guardianship over incapable

How to arrange guardianship over incapable

A person who has not achieved a certain age (18 years) or has mental disorders is considered incapacitated in Russia. Over people with disabilities, children, you can make a guardianship. Each case has its own characteristics and nuances.

1
The process of guardianship is regulated Civil Code of the Russian Federation. The guardian must be an adult, capable, moral man without a criminal past. Over the disabled, you can make a guardiousness only in case of loss of legal capacity. This fact can be recognized only in court if it is confirmed that a person is not responsible for its own actions, has mental disorders. In the statement, specify why you think that the person is mentally ill. Having received a court decision in their favor, you need to apply for a statement about the appointment of guardianship to a psychoneurological dispensary, having such documents of the cloigned:

  • passport disabled, its photocopy;
  • extract from his house book;
  • disability certificate, its copy;
  • certificate from the pension fund authorities (with a mandatory indication of the pension size);
  • a copy of the decision of the court, confirming incapacity;
  • documents (if available) for real estate, their copies;
  • estimated LS feces.

1 Sam

2
The guardian requires:

  • passport, its copy, calculated LS;
  • autobiography;
  • help 2-NDFL;
  • extract from your house book;
  • certificate from the police (no criminal record);
  • characteristic from work;
  • certificate of health;
  • the consent of each adult family member to your custody (written).

3
For registration of the child, the guardianship does not need to go to court. Human relatives who are close to the age of 14 may take care of a person. First, inform the guardianship department about your intention by providing such documents:

  • passport guardian;
  • marriage certificate;
  • certificate from the police (no criminal record);
  • help from work (salary indicates).

4
After that, the SanEpidemstation will inspect the place of residence of the guardian (free of charge), will give a certificate of the state of living space. Then should apply for the appointment of you by the guardian (it is fed to the head of the guardianship department, guardianship). Application will be required from all family members living with a guardian. A child regarding whom the issue of custody decides, must confirm his consent to the custody, if he turned 10 years old. The decision is made no more than a month, then the guardian is issued an act on the appointment of guardianship.

5
Here you can find:

Guardianship design is troublesome, time consuming. But if desired, it is quite realistic if you know all the subtleties of this issue.

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