The right to receive a pension for a bedridden patient
According to the law, other citizens can receive a pension for a person lying at home or in a health care facility. Depending on the pensioner’s condition, these may be:
- a guardian if the patient is declared incompetent (has diseases that prevent him from consciously performing actions);
- any individual (not necessarily a relative) who has a power of attorney executed by a notary.
Please note that when a pensioner is under the care of the state (in a 24-hour inpatient facility), the entire pension of the bedridden patient or part of it is transferred as payment for staying within the walls of the organization. In this case, an agreement is drawn up, rather than a power of attorney. If the pensioner is declared incompetent, the papers are signed by the guardian.
Transfer of rights to an authorized person
If it is not possible to personally receive a pension due to health conditions, but at the same time being a legally competent person, a patient lying at home can draw up a power of attorney:
- Call a notary to your home. This can be done over the phone or during a personal visit to a notary's office.
- Provide identification documents of the principal and the authorized representative. This can be a citizen’s passport or a residence permit for foreigners and stateless persons.
- The notary will enter all the necessary data into the standard form, after which all that remains is to sign the document. You can draw up a power of attorney yourself. In this case, the notary must only certify the document.
Registration and certification of a power of attorney
The law does not establish a standard form for issuing a power of attorney. The main condition is that it must be drawn up in writing and certified by a notary in the personal presence of the principal. The text of the document must contain the following data:
- place of compilation (populated area);
- last name, first name, patronymic of the principal, his passport details and residential (registration) address;
- last name, first name, patronymic of the authorized person, his passport details and residential (registration) address;
- sane powers (receiving pensions and other social benefits);
- validity;
- date of issue and signature of the principal.
Please note that if the period is not specified, the power of attorney is considered valid for 1 year from the date of signing. When drawing up a power of attorney at a notary office, you can use ready-made templates. It is allowed to certify a document not only at an appointment with a notary, but also with other authorized persons:
- the head physician of a medical institution;
- head of an enterprise or educational institution.
Price of services and document validity period
The date of signing the power of attorney is a prerequisite. If it is not there, the document is considered invalid. The power of attorney has a limited validity period. A bedridden patient has the right to draw up a document for any period at his discretion, but for a period not exceeding 3 years. If the validity period is not specified, then the power of attorney is considered valid for 1 year from the date of signing.
The cost may vary between different notary offices. But, as a rule, it varies from 800 to 1,500 rubles. This indicator depends on the location of the office, medical institution or residence of the patient and concerns only the services of a notary, since you will not have to pay anything when drawing up a document from the chief physician.
How to receive a pension for an incapacitated person
According to the law, receiving a pension without a power of attorney from a bedridden patient is possible only if the pensioner is declared incompetent. The main reason why a person can be declared incompetent is that he cannot account for his actions due to:
- mental illness;
- age-related changes in the body.
In this case, the only way to receive money for a patient lying at home is to obtain guardianship over him. This concept should not be confused with patronage and care. In the latter cases, a power of attorney is issued because the person is unable to take care of himself due to physical disabilities (for example, a fracture).
Temporary or permanent guardianship
The procedure for obtaining guardianship over an elderly person consists of several successive stages:
- Collect the necessary documents and file a claim in court. Important: only this body can recognize a person as incompetent! The application for declaring a pensioner incompetent must list the circumstances that indicate a mental disorder due to which the elderly person cannot understand the meaning of his own actions or manage them.
- Wait for the court's decision, and then get a ruling. Please note that the court can make a judgment in absentia if there are medical certificates and examination results. In other circumstances, an examination is ordered.
- With all documents, contact an authorized specialist of the guardianship and trusteeship authorities at the applicant’s place of residence.
- After carrying out all the activities (studying documents, moral characteristics of the guardian, his living conditions, etc.), obtain a guardian’s certificate.
- Contact the territorial branch of the Pension Fund of the Russian Federation, where you will fill out an appropriate application for re-registration of your pension.
Important: only an adult citizen who does not have chronic infectious diseases, alcohol or drug addiction can be appointed as a guardian. To obtain guardianship you must provide:
- passport;
- court ruling declaring the pensioner incompetent;
- a certificate from a medical institution stating that there are no diseases that impede the implementation of guardianship.
The guardian acts exclusively in the interests of the pensioner lying at home. He receives a pension for him and has the right to spend the money at his own discretion, but only for the needs of the old man. Every year he must submit a report to the guardianship and trusteeship authorities on the use of funds.
Methods of obtaining
When applying for a pension, indicate your preferred method of receiving money:
- By transfer to a bank card. When registering a power of attorney, this will be the patient’s card; when providing guardianship, this will be the guardian’s card. Important: some citizens do not issue a power of attorney, but withdraw money after asking the pensioner for their PIN code. Such actions are illegal, and the person is held accountable in accordance with the law.
- Through a bank cash desk or to a deposit account. When filling out the application, please indicate the details of the financial institution. You can find out or receive them from a specialist at a banking institution or by calling the call center.
- Receive money by mail according to schedule.
- Delivery of pension to your home. A postman or courier of a special organization that has an agreement with the Pension Fund of Russia. The exact list is determined for each region individually.
Regardless of the selected delivery option, the service is provided free of charge. The methods of receiving a pension for a bedridden patient can be changed at your discretion, but each time you must submit a separate application to the client service of the Pension Fund.
What to do if your pension is not received on time
When transferring collateral to a card or account in a banking organization, you can withdraw money at any time, since the funds are credited automatically. When the pension is delivered home by the postman, a schedule is drawn up and a date for receiving the pension is set. If a citizen is not there on this day, he can receive money by mail before the end of the billing period. If this is not done, the money will be paid next month.
There are different ways to deliver pension payments. Pensioners have the right to choose the most suitable option for themselves. If you are in serious condition and cannot move, the surest way to receive a pension for a bedridden patient is to issue a power of attorney. In addition, in some cases, guardianship can be issued. This article describes this in detail.
Currently, the popularity of receiving a pension on a bank card or a pensioner’s bank account is growing. If a bedridden patient trusts a relative or other caregiver, then there will be no problems with how to receive a pension for a bedridden patient on the card. In this case, you will not even need additional documents in the form of a power of attorney or an act of appointment of guardianship. But the pensioner must provide a PIN code to use the card.
As you can see, if you need to receive a pension for a bedridden patient, there will be no difficulties. From several options, you can find the best way to receive a pension for a bedridden patient: at Sberbank (another bank) or at the post office by proxy (certificate of guardianship), without additional documents if you have a pensioner’s bank card with a PIN code. Registration of guardianship is a lengthy procedure. Therefore, it is resorted to only when it is necessary to represent the interests of the ward in different situations, and not just to receive a pension payment.
How to apply for a pension card at Sberbank for a bedridden patient
Currently, the popularity of receiving a pension on a bank card or a pensioner’s bank account is growing. If a bedridden patient trusts a relative or other caregiver, then there will be no problems with how to receive a pension for a bedridden patient on the card. In this case, you will not even need additional documents in the form of a power of attorney or an act of appointment of guardianship. But the pensioner must provide a PIN code to use the card.
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The above list is not exhaustive.
There are other situations in life in which it may be necessary to receive a pension (for a bedridden unconscious patient, for example), when the pensioner cannot do this personally. This document can be prepared in different ways, depending on the condition of the pensioner and the situation as a whole.
The algorithm of actions depends on which method is chosen.
It is possible to receive more money than the established limit, but in this case a commission of 0.05% of the excess amount is charged. Every quarter, pensioners are awarded 3.5% per annum on the remaining balance as a bonus.
MIR card holders can also connect to the Thank You program from Sberbank. Clients have the opportunity to use mobile banking. This service is free for 60 days. Afterwards, a monthly fee of 30 rubles is charged.
The following categories of citizens can receive a card:
- Pensioners who have chosen this card to transfer their pension.
- People receiving monthly social benefits.
- Recipients of other transfers from the Pension Fund of the Russian Federation.
Requirements and documentation:
- age from 18 years;
- citizenship of the Russian Federation;
- the right to receive a Russian pension from a person with a different citizenship.
Let's consider the stages of transferring payments by contacting the bank and the Pension Fund.
Transferring a pension to a Sberbank card should begin with the registration of the card itself. We recommend doing this in the office to receive detailed face-to-face consultation and assistance in filling out paperwork. The procedure is as follows:
- A pensioner with documents (passport, pension, SNILS) visits the bank office and fills out an application for issuing a plastic card. At the same time, an application for banking services is made, a set of services is selected (mobile banking, Internet services, SMS notifications, etc.). It takes about 10 days to issue a card; the client will be notified of its readiness by phone;
- When you receive the card, you should ask the bank specialist for the transfer details. This information is necessary for the Pension Fund;
- Visit the Pension Fund branch with your passport, pension and personal account details. You need to fill out an application form for crediting your pension to a Sberbank card.
Having chosen a convenient method, notify the Pension Fund about it. You must first open an account and receive details.
Registration is available before the first payment or after some time.
What is needed for this and how to do it We will provide step-by-step instructions on how to transfer a pension to a Sberbank card.
- Prepare documents for registration:
- confirmation of receipt of pension (certificate, certificate);
- SNILS.
- passport;
Methods for delivering pensions to your home
To change the method of delivery of cash payments, you will need to write a corresponding application indicating the most optimal option for receiving a pension.
The Russian Pension Fund offers the procedure for delivery and payment of pensions in three ways:
- transfer to a bank card;
- receipt by the pensioner in person at the post office (at his place of residence);
The easiest way to receive a pension for a bedridden patient is if the funds are transferred to a card. It is enough to hand over the card and provide the PIN code so that a relative or other trusted person can withdraw cash from an ATM and give it to the pensioner.
Please note: sometimes malfunctions occur in the terminals and the ATM can “chew” or “swallow” the card, write off funds, but not issue banknotes. For proceedings with the bank branch and return of the card, you will need the personal presence of the card owner or a well-executed power of attorney for the person replacing him.
Receipt of pension payments by a trustee
If a pensioner physically cannot receive money, then the only way out is to entrust it to a person in whose integrity he is confident.
In order for an outsider to receive the next payment for a pensioner, a number of actions must be taken.
For those who receive a pension at the post office or at home, a trusted person can do this. This person can be either a relative or a stranger. To grant the principal the right to receive a pension, a document is needed, this is an certifying document (power of attorney).
Sometimes it is known in advance that the pensioner will be absent at the time of receiving the next payment. A planned operation or examination in a hospital, a trip to a sanatorium-resort treatment is a reason to register a power of attorney with a notary. Such a document will allow you to receive funds in a timely manner, even if the person is in the hospital.
To issue a power of attorney, a pensioner must:
- come to the notary's office in person (you can call a notary to your home for bedridden patients);
- The notary is obliged to make sure that the pensioner is not subject to psychological or other pressure. To do this, he may ask the accompanying persons (and the authorized representative) to leave the premises for a personal conversation with the pensioner.
To issue a power of attorney, you will need a passport identifying the pensioner and the details of the authorized person.
The document contains information:
- title - the word “power of attorney” for an unambiguous legal interpretation of the document;
- passport details of the principal and authorized representative (full name, date of birth, registration address);
- the essence of the entrusted action is receiving a pension;
- period of validity of the document - in the absence of this clause, the power of attorney is valid for 1 year from the date of execution;
- place and time of drawing up the document;
- personal signature of the principal;
- notary's mark, signature and seal.
Important: you can sign instead of the principal only in his presence.
If the pensioner cannot sign, but is of sound mind and clearly expresses his will, then another person can sign instead of the principal. At the same time, this circumstance is noted in the document with an explanation of the reason. For example, a pensioner is paralyzed and has a broken arm.
How to save money on issuing a power of attorney for a pensioner
Executing a power of attorney from a notary is a paid service, and going to the client’s home will cost even more.
You can save on notary services if a pensioner is already undergoing inpatient treatment in a hospital. In this case, the power of attorney is drawn up according to the sample, and the function of a notary is performed by the attending doctor and the head physician of the institution. The document must have the clinic's seal.
Please note: the organizations where the pensioner works or studies have the right to certify a power of attorney.
The concept of a power of attorney
This definition is given in Article 185 of the Civil Code of the Russian Federation.
According to it, this is a document drawn up in writing, which contains special rights to perform certain actions to one or more persons, including receiving a pension instead of a pensioner. The person who signs the document is the principal, and the second person is the trustee. The fact that a power of attorney must be obtained when another person receives a pension is stated in the Law on Insurance Pensions No. 400-FZ. At the same time, we are not only talking about an elderly person receiving an old-age payment. A pension can be assigned to a minor child, as well as to an incapacitated person.
This document may be required in the following cases:
- If a pensioner undergoes treatment in a hospital in an inpatient department for a long time
- If a person is unable to move independently.
- If he cannot sign papers due to illiteracy.
- When the principal left for another country.
The above list is not exhaustive. There are other situations in life in which it may be necessary to receive a pension (for a bedridden unconscious patient, for example), when the pensioner cannot do this personally.
Receiving a pension for an incapacitated person
Sometimes it is not possible to obtain the pensioner's informed consent due to their condition. Senile dementia can make it difficult not only to manage money well, but also to take care of yourself.
To receive a pension for an incapacitated relative, you will have to go through the guardianship procedure.
Temporary guardianship can be issued in order to receive a pension for a bedridden patient (paralyzed, in a coma).
The procedure will take time and step-by-step steps:
- registration of disability in a medical institution;
- filing an application to the court to declare a ward or relative incompetent;
- with evidence of the need for guardianship (court decision), they contact the local guardianship and trusteeship authorities.
After establishing guardianship, the guardian has all the rights to exercise the rights of the ward, including receiving a pension for an incapacitated parent or other relative.
Note: if an incapacitated relative is in a specialized institution (nursing home), then this organization is his guardian; it receives and manages pension payments.
Power of attorney to receive a pension
If a person is declared incompetent by a court decision, then his interests will be represented by a guardian permanently. What to do in cases where a person who receives a pension is temporarily incapacitated. For example, I ended up undergoing long-term treatment in a medical institution. In this case, you will need a power of attorney. How to obtain a power of attorney to receive a pension for an incapacitated relative The legislator does not establish a strict form of power of attorney. But a prerequisite is that the power of attorney be certified; this must be taken into account before issuing a power of attorney to receive a pension for an incapacitated pensioner. The following may act as witnesses:
· Chief physician, if a pensioner is undergoing treatment;
· Notary (paid service);
· Employer or head of educational institution.
If you didn't receive your pension on time
Registration of guardianship may take 2–3 months or more. It is clear that the sick pensioner did not receive monthly payments during these periods. Therefore, a guardian often has a question about where to receive a pension if they did not receive it at home on time.
The question is also relevant in a situation where a pensioner was in the hospital and missed the date of receiving a monthly payment, but the money is needed now. There is no problem for bank card holders - funds are transferred on the appointed date and can be withdrawn at any time. For those who receive their pension by mail or have it delivered to their home, there is also a way out.
If you have not received your pension on time at home, you need to contact the central post office before the end of the billing period. It usually lasts until the 22nd–25th of each month.
What to do if you haven’t received your pension on time: necessary actions
If, as a result of the appeal, you learned that the statement was closed and the money was returned to the Pension Fund account, then next month the pensioner will receive a pension for both billing periods. It is possible to speed up payment for the missed month by writing an application to receive funds at the beginning of the month.
If he has not been home for several months, on the next billing date he will receive the amount for all missed billing periods. If a pensioner has not received a pension for more than 6 months, payment is suspended. To renew, you will have to contact the Pension Fund at the place of registration.
Therefore, if you plan to leave for a long time, it is better to take care of regularly receiving your pension:
- by power of attorney to a relative or friend who will keep the money or send it to the pensioner;
- temporary change in the method of delivery of pension payments - to a bank card.
- You can arrange delivery of your pension by transfer to a bank card in your personal account on the Pension Fund website.
Attention: if there is no movement on the client’s account during the year, payments are suspended.
They can be renewed only after confirming your registration at the territorial office of the Pension Fund.
Thus, in order not to complicate his life with additional hassle and questions about where to receive a pension if he has not received a pension at home, it is better for the pensioner to implement in advance one of the ways to receive payments on time.
Who is entitled to receive a pension?
The representative of the pensioner, with the written consent of the latter on the basis of a power of attorney, has the right to draw up and receive pension payments. Such a citizen is called a trustee.
A sick person has the opportunity to transfer the right to accept funds to any person (not just relatives).
The principal must be in a capable state (of sound mind).
If a person in hospital is incapacitated or has limited legal capacity, he must have representatives - guardians or trustees who interact with the Pension Fund. They have the right to receive a pension. If the representatives of a bedridden patient for any reason do not have such a physical opportunity, they can also issue a power of attorney to a third party.
There are two types of transfer of the right to accept payments for a patient:
- general power of attorney - powers are transferred at the will of the pensioner himself;
- re-assignment - re-registration of a document by an authorized person in the name of a third person (for example, temporary - in the event of difficult circumstances).
How is accrual done?
People with Russian citizenship, as well as persons who do not have any citizenship, if they have special documents, have the right to receive payments on well-deserved leave. The same applies to citizens of other states if they have a residence permit in the Russian Federation.
Today in Russia the following types of pensions can be distinguished:
- Insurance pensions are provided to almost 85 percent of the country's total population.
- A funded pension is paid to citizens if they have paid contributions to savings funds throughout their working career. Its size depends on the funds accumulated in the personal account during this time.
- The state pension is assigned in two types: for long service and social. In the first case, military personnel, as well as other persons whose service took place in difficult conditions, receive the right to receive early payments. Social assistance is prescribed for disability or loss of a breadwinner.
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To exercise the right to receive security, you must send your application to the Pension Fund.
Receipt of payments by a trustee
Sometimes a citizen is not able to receive pension payments on time for a number of reasons:
- sudden deterioration in health;
- elective surgery;
- injury, etc.
If a person is in the hospital, there is a need to receive money for the patient. Then a power of attorney is issued for a person, which is certified by a notary. This can only be done by someone who is fully capable, i.e. a person who gives an account of his actions. The payment method will be the same, unless the deceased pensioner instructs a trustee to make changes.
Procedure for issuing a power of attorney
The document transferring the right to receive funds for the patient is drawn up in free form. It is necessary to indicate the details of the principal and the authorized representative:
- FULL NAME.
- Residence address.
- Passport details of a citizen of the Russian Federation.
- SNILS number.
- Phone numbers and other contact information.
In addition, the document must contain the following information and components:
- Date and place where the power of attorney was executed.
- The day on which the authority to accept payments takes effect.
- Validity period of the document.
- Data on the type of pension (insurance, preferential, length of service, etc.).
- Methods of receiving a pension (postman's appearance, at the post office, by bank card).
- Personal signature of the principal.
- Signature and seal of a notary.
The longest period of validity of a power of attorney is 3 years. If it is not designated, the document becomes invalid after a year. If a sick citizen has legal capacity, but is unable to sign (for example, his arm is broken), then another person signs. A note is made about this fact. The power of attorney must be certified by an authorized person.
Notary
There are two ways to issue a power of attorney in the presence of a notary:
- If a pensioner knows that he will undergo treatment and can come to the notary’s office in advance, he draws up the document there. The easiest way to do this is at a notary's office. A specialist will advise, print and fill out the required form. Drawing up a power of attorney will not take much time. You will have to pay about 1 thousand rubles for the service.
- If the principal is a bedridden patient and is unable to come in person, he arranges for a notary to come to his home or hospital. You will have to pay extra for the visit of a specialist.
For the legal procedure, you need to have a passport, pension certificate, and a certificate of registration at your place of residence. Both parties - the principal and the trustee - fill out applications. The validity period of the document, even if certified by a notary, cannot exceed three years.
In the hospital at the place of treatment of the pensioner
There is no need to invite a notary to a medical institution, because it is possible to certify a power of attorney directly there and completely free of charge. The paper is compiled according to a ready-made sample. It is confirmed by the attending physician or the head physician of the hospital. The signature of this person is equivalent to a notary.
The validity of the document certified by the chief physician of the clinic where the patient is staying does not exceed 1 year. The registration is the same both at the notary and at the hospital. The procedure and details are the same as above. The paper must be stamped by the medical institution.
You can receive money for an incapacitated patient by obtaining temporary guardianship. A pensioner is not always conscious or of sound mind. He may be declared incompetent for a number of reasons - if a citizen:
- is in a coma;
- paralyzed;
- suffers from mental illness;
- does not understand his actions and is not able to manage them;
- behaves inappropriately and does not realize the meaning of his actions;
- is in a psychoneurological clinic or nursing home.
Guardianship procedure
If the patient is kept in a nursing home, the institution is considered a guardian and the right to receive a pension remains with him. In other cases, there are several stages in approving guardianship:
- Grant a disabled pensioner a disability status.
- Submit an application to the court to declare a relative or loved one incompetent.
- Contact the guardianship and trusteeship authorities with a documented court decision.
Receiving debt
During the time spent in the hospital, a person may miss payments. The exception is the case when a citizen wrote an application for the delivery of a pension and chose a transfer to a bank card. If there is no plastic card, then after leaving the hospital he needs to go to the central post office. It is recommended that the guardian do the same.
If it turns out that the Pension Fund received the money back, then the debt will be paid along with the next pension.
To speed up their receipt, an application is written to the Pension Fund.
Payments are suspended if the patient has been in the hospital for more than 6 months. To renew them, you also need to contact the Pension Fund.
In the hospital
If the patient is being treated in a hospital on an inpatient department, then a power of attorney can be issued in one of the following ways:
- By calling a notary to the hospital.
- By certifying the power of attorney by the chief physician of the medical institution.
Involving a chief physician is the preferable option for receiving a pension for a bedridden patient. The power of attorney form for a bedridden patient has a standard form and contains the following information:
- The name of the medical institution where the patient is located.
- The condition of the pensioner, the presence of his legal capacity, as well as the right to draw up a power of attorney to carry out the relevant actions.
- Full name of the chief physician, attending physician, their signatures, as well as the seal of the medical institution.
The advantage of this option is that the procedure is free. If it is decided to involve a notary in this procedure, then it is carried out in the same way as when calling him to your home. At the same time, you need to be prepared for the fact that the amount of services for visiting a specialist increases significantly.
If, in the opinion of the doctor, the person is not aware of his actions, then the power of attorney is not issued. Then we have to solve the question of how to receive a pension for a bedridden patient in a different way. After a stroke, whether he is in an unconscious state or in another vulnerable position, a way out can be found both with the assistance of government agencies and independently.
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