How to issue a power of attorney to receive a pension in 2020?

Power of attorney forms

Is it possible to receive a pension by proxy to care for a pensioner? Depending on the situation, one of the following types of power of attorney can be issued:

1. One-time. Issued for a strictly specified period. Mainly required under a certain event, conditions.
2. Special. Designed to repeatedly receive funds instead of a pensioner. The rights also include other manipulations with documents on behalf of the pensioner.
3. General. It involves disposing of all property, receiving a pension, carrying out rehabilitation measures and treatment of the pensioner.

Registration of a power of attorney

Depending on the reason why a power of attorney is necessary, there are several ways to obtain it.

For a bedridden patient

In order to receive a pension for a bedridden patient to ensure his normal existence, full guardianship is issued over the incapacitated person. Temporary guardianship is assigned to a paralyzed or bedridden pensioner. To receive his pension, you must:

1. Obtain a certificate of disability group.
2. Submit an application to the district court to declare the person incompetent.
3. Receive reasons for implementing care.

Attention! If an incapacitated person resides in a medical institution on a permanent basis, then the institution is considered the guardian. In this case, the funds are managed by a representative of the organization.

Pensioner's stay in hospital

Staying in a hospital or having limited physical capabilities are common cases of obtaining a power of attorney. In such a situation, the procedure is greatly simplified. The interested party does not need to notarize the document. To provide assistance, it is enough to have a certificate from the attending physician.

The document states that the elderly person is temporarily in hospital or has physical limitations, and therefore cannot personally receive a pension. Therefore, assistance from a third party is required. The registration procedure does not provide for state duty or reimbursement of expenses.

Persons authorized to certify a power of attorney

Not only notaries, but also other authorized representatives have the right to certify a power of attorney. After all, treatment does not always take place at home, and many pensioners continue to work even after retirement. The Civil Code provided for the possibility of such a situation and determined the list of persons whose signature on a document makes it notarized.

In order to make a power of attorney to receive a pension, if the pensioner is bedridden, without the participation of a notary on legal grounds, it will be useful to familiarize yourself with the following information.

Such powers of attorney are issued free of charge and have the same powers as those signed by a notary. Their only nuance is that not every manager decides to take on the responsibility of transferring the right to receive pension payments to an outsider.

A guardian can receive a pension for a bedridden patient with mental disabilities; all other cases (unconsciousness, coma) are considered in court.

Arranging a pension for a bedridden patient in the name of a trusted person is quite simple, but not always possible. To ensure that a sudden situation does not deprive you of the funds required to pay for utilities, treatment and purchase of products, it is advisable to prepare the document in advance or choose a non-cash method of transferring money to a card. This approach guarantees regular receipt of pension payments without unnecessary risks and worries.

If money is not received on time

The guardianship process can take three months or more. While the issue is being resolved, no money will be transferred to the guardian. In practice, pensioners and guardians are concerned about how to obtain legal funds for living and treatment. Those who receive a transfer to a bank card have no problems. Money is credited to the account within the specified time frame. The category of the population receiving pensions by mail can also quickly resolve the issue. The authorized person is obliged to contact the Pension Fund department before the end of the billing period, that is, before the 25th of each month. If there are missed periods for receiving software, you can withdraw funds from the PF department. It is also possible to submit an application to receive money at the beginning of the month.

There are cases when a pensioner has not received a pension for more than six months. In this case, the security is terminated for an indefinite period. Renewal of benefits is made only after a personal visit to the Pension Fund branch.

In the event of a long-term absence of a pension, it is recommended to take care in advance of the rights of the guardian to regularly receive social security:

1. By issuing a power of attorney to a relative or third party who will be responsible for storing the funds or transferring them to the pensioner.
2. Changing the form of obtaining software. For example, to a card from any bank.

Pension delivery is carried out for any authorized citizen of the country. You can also submit a request through your personal account on the official website of the Pension Fund. When applying for a bank card, it is necessary to take into account that if no banking transactions are carried out on the account during the year, then the pension transfer automatically stops.

When paper is needed

Before figuring out how to issue a power of attorney to receive a pension at Sberbank, you need to understand that such a document is really necessary. And only a legally capable citizen can receive it. Otherwise, you will not be able to receive this paper.

The need to issue a power of attorney may arise in a number of different life situations. In particular:

• being hospitalized or in a sanatorium or dispensary;
• disability in which the pensioner is unable to move independently;
• an illiterate citizen who simply cannot sign documents himself;
• long departure of the principal.

There are a lot of similar life situations that require permission to receive government payments. The most important thing to know is that only a person of sound memory and sound mind can become a principal. Only such a citizen will be allowed to issue a permit for the right to receive money to a third party.

A power of attorney to receive money is the most common document

Situations like these are the most common reasons for drawing up a power of attorney to receive pension payments. By the way, in the presence of such a situation, the procedure for registering and issuing a trust document is greatly simplified. The principal no longer has to visit a notary. The head physician of the hospital has the right to issue such confirmatory permission.

Expert opinion

Evgeniy Belyaev

Legal consultant, financial expert

Ask

The head of the hospital where the pensioner is being treated has the right to give permission to a trusted person to receive government payments. Registration of such a power of attorney is a free procedure.

Many people ask the question of how to receive a pension from Sberbank by proxy if the principal is incapacitated. Indeed, according to current legislation, such a citizen does not have the right to draw up any official papers. But an incapacitated person must have legal representatives:

• guardians;
• adoptive parents;
• trustees;
• parents.

These citizens are authorized to represent all the interests of the patient. They have the right to dispose of his property (movable/immovable) and receive all due government payments (including pension contributions). And if necessary, these people can draw up a trust document to receive government payments, for example, upon their departure or another situation.

In case of incapacity of a citizen, a power of attorney can be issued by guardians

Disability

Just as in the case of a hospital, a bedridden disabled person is not able to independently visit a notary’s office to formalize the transfer of powers to the principal. But in this case, the presence of a notary is still required to issue a power of attorney. To do this, the official representative is simply invited home.

This type of pension payment (insurance pension) is assigned to children under the age of majority (18 years old) upon the loss of a breadwinner (parents/guardians/trustees). To make such deductions, the local PF must receive appropriate notifications. A child receiving government payments upon reaching the age of 14 years has the opportunity to fill out an application for transfer of payments to his bank account or by post. And also write a power of attorney in the name of relatives to receive subsidies.

This situation is considered in detail by the current Criminal Code of the Russian Federation. After all, older criminals also receive a pension. The subsidy goes to a special account opened in the correctional institution. Part of the money goes to pay for the prisoner’s upkeep, the rest can be spent on his personal needs. All remaining money will wait until the pensioner is released or will be transferred to relatives by inheritance (upon the death of the recipient).

Expert opinion

Evgeniy Belyaev

Legal consultant, financial expert

Ask

While the pensioner is serving his sentence, no one can draw up a trust document and receive pension contributions for it. This is prohibited by law.

Sample of a standard power of attorney

The pension owner's stay in prison

Pensions for persons staying in prison to serve their sentences are credited to a separate account. Details for each institution are individual. The money is used to pay off debts and pay for prison fees.

You are allowed to spend part of your pension on expenses. This could be the purchase of food and basic necessities. The rest of the money is given at the time of release. While in prison, no one can act as a trustee or exercise the corresponding rights.

Carrying out certification

To reduce the level of fraud, the Civil Code of the Russian Federation has established mandatory requirements for notarization of powers of attorney that are issued for financial transactions.

Where can I issue a power of attorney to receive a pension to care for an elderly person? The document can be certified by a notary or specialized organizations. The authenticity of the trust document is confirmed free of charge in:

1. Organizations and structures where the pensioner is officially employed.
2. Clinic, hospital.

The document is submitted in printed or written form.

To cooperate with financial organizations, only notarization of the power of attorney is required. Confirmation is a paid service.

Certification is carried out with the personal participation of the pensioner. Issued on official letterhead. The document has a clear time frame and applies to individual accounts opened at a financial institution. The maximum validity period of a trust document is three years.

What is a pension power of attorney and when may it be needed?

You can issue a power of attorney to receive a pension if circumstances have arisen in the life of a pensioner that prevent you from collecting your pension in person. Thus, a document will be required if a person is in the hospital and does not have the physical ability to come to the post office or bank. But money is always needed, so the law provides for a similar way out - a pension power of attorney is issued to one of the close or relatives, and according to it, any institution is obliged to issue the accrued security.

According to the Civil Code of the Russian Federation, a power of attorney is a duly executed document that allows another person or persons to receive his pension payments on behalf of a person. In this case, the one who transfers the right to receive and signs the paper is considered the principal, and the recipient is considered a trustee. The paper must be drawn up in writing and allows not only a pensioner, but also a minor, as well as an incapacitated citizen, to receive money.

In most cases of life circumstances, a power of attorney to receive a pension may be required when a pensioner is ill and is in a hospital, or for a bedridden patient. There are also frequent cases when older people are simply illiterate and cannot independently sign the papers provided. Or they are located in another locality or even in another country.

When drawing up this document, there is a main condition that must be strictly observed. This is the capacity of the principal. In other words, you can receive a pension under a signed power of attorney only if the notary has confirmed that the person was of sound mind when drawing it up. After all, according to paper, a stranger has the right to manage pension money.

Service cost

Registration of a power of attorney is paid only if you contact a notary. In all other cases, the document is issued free of charge. The design consists of two parts:

• Fixed. Provides a financial contribution for actions of an informational and technical nature. The cost of the service is from 800 rubles.
• State duties. In accordance with the Tax Code of the Russian Federation, the amount of mandatory payment is 200 rubles.

The final cost of the service depends on the region. The frequency of changes in the price of notarization is once a year. The notary's visit to the pensioner's place of residence is paid separately. Additional costs are allowed by agreement.

Who should certify

According to the Civil Code of the Russian Federation, a pensioner can carry out free certification of a power of attorney:

• through the organization where he officially works;
• through the educational institution where he is studying;
• through the administration of the clinic where he is undergoing treatment;

The principal is required to notarize the document at any legal services center or at the pensioner’s place of residence. Please note that this procedure is paid, but is considered the most reliable.

The principal pays for the services of a notary through the cash desk of a legal organization, and its cost ranges from 700 to 1200 Russian rubles. The amount consists of a state fee of 200 rubles, and further depends on the complexity of the services provided by the notary.

Important: a power of attorney is subject to mandatory state registration if the issuance of funds to an authorized person is carried out through banking organizations that require official confirmation of the authenticity of the document.

Action term

The validity period of the power of attorney is established in the document itself. Determined in accordance with the reason for issuing the permit. If the term is not specified, then the term of the power of attorney is one year.

At the legislative level, conditions are established under which a power of attorney is automatically revoked, namely:

• completion of the term;
• refusal to provide services;
• refusal of the recipient to provide assistance;
• death of a pensioner;
• loss of legal capacity by the subject.

The pension by proxy stops accruing in cases of non-receipt of funds within two months.

Places of provision

Each type of power of attorney provides for individual presentation places. Among them:

1. Financial institutions - for account management. A notarized power of attorney or any other equivalent is required. Bank employees check the document for authenticity. The review process may take several days.
2. To use a bank card. Withdrawing personal funds from a bank card in the absence of a power of attorney is prohibited. The principal has the right to provide the password for the card and provide it for withdrawal of funds without issuing a power of attorney. Banks consider such a case as illegal.
3. For a Russian Post office or at home. A notarized or similar power of attorney is required.

Power of attorney for Sberbank

To withdraw funds from a bank account, a notarized power of attorney is not always needed. It is enough to have the document certified by the administration or medical institution at the place of treatment. Also, a Sberbank employee can certify a power of attorney to receive a pension for a relative who has a pension account with this bank.

If registration is carried out at an institution, then the principal does not need to draw up an application. Documents are prepared by employees of the financial organization. All you need to do is fill out the information and sign. To transfer rights, the trustor and the pensioner must come to the bank branch. Also, to receive a pension from Sberbank by proxy, you need the following documents:

• passports of both citizens;
• pensioner's ID;
• bank card.

The choice of one or another method of obtaining a power of attorney at Sberbank depends on the capabilities of the principal.

How to issue a power of attorney to receive a pension

The rules for registering a power of attorney for the payment of pensions and benefits to individuals are enshrined in Article 185 and the norms of Part 3 of Article 185.1 of the Civil Code of the Russian Federation. The law establishes that the document must be drawn up in simple written form and certified by a notary.

In order for the contract not to be declared invalid in the future and to have legal force, the power of attorney must contain all the necessary details:

• title and full address of the place of detention;
• detailed information about the principal and authorized representative: full name, passport details, date and place of birth, addresses and contact numbers;
• a complete list of the attorney’s powers in accordance with the standards for receiving funds established by the pensioner;
• validity;
• date of registration and signature of both parties.

The date of certification of the power of attorney is one of the most important points, since it is from this moment that the calculation of the validity period begins. If a document is not dated, it is considered void.

Depending on the life circumstances of an elderly person, there are several ways to write out and execute a power of attorney to receive a pension.

In Sberbank for a relative

A pensioner has the right to draw up a power of attorney to receive a pension at any banking institution with which the Pension Fund has entered into an agreement at the legislative level. The list of banks with which agreements have been concluded can be found on the website of the Pension Fund of the Russian Federation pfrf.ru.

The most common is Sberbank, where you can receive money either through a cash register or using charges to a credit card.

The offer is advantageous in that the issuance of cards for pension deposits is completely free, and withdrawal of accrued funds through an ATM is made without commission.

Standard form for issuing a power of attorney to receive a pension:

From the doctor

In the case of long-term treatment of a pensioner in a hospital or other health care institution, only the administration, in particular the head physician, has the authority to issue a power of attorney for pension payments.

Power of attorney form.

This document is prepared according to the following model:

At the post office

A power of attorney to receive a pension is usually issued at the post office at the elderly person’s place of residence and only requires filling out an application:

At the notary

A power of attorney can be notarized at any legal services center. It is better to entrust filling out the document to specialists who have knowledge of the rules for drawing up such contracts, but it would not hurt the principal to familiarize himself with the sample in advance.

Confirmation of registration with a power of attorney

If the permit is issued for more than one year, then the actual residence of the pensioner at the place of registration is confirmed annually. This is carried out in order to confirm changes in the pensioner’s personal data.

To do this, the pensioner must report to the Pension Fund department within a year. The next time report will be carried out from the new registration date.

The pensioner has the right to personally submit an application for the establishment of a trusted citizen or a selected person will do this for him.

If there is no information about the pensioner’s registration, the software is suspended until the information is clarified. In a number of changes, all data is transferred to the database.