How to arrange guardianship for an elderly person over 80 years old, and who can be a guardian: where to register guardianship, what documents are needed, and what is patronage over a pensioner

Registration of guardianship over an elderly person at the age of 80: documentation

The decision on full guardianship is made based on a medical report that confirms the patient's incapacity. For example, an elderly person may suffer from a mental disorder, be an elderly disabled person, etc. Full guardianship should be established without a medical report if the person is over 80 years old.

Official care for an elderly person can be formalized as patronage or in the form of full guardianship. If elderly people are over 80 years old and need constant daily assistance due to the impossibility of independent self-care, it is necessary to obtain full guardianship. If you need help periodically, it is better to apply for patronage.

What is the difference between full custody and social care?

The main difference between full guardianship and social guardianship is that in the first case, the trustee is entrusted with the responsibilities of full care of the warded citizen, including representing his interests in various organizations as a trustee, managing funds in favor of the latter, etc. Social guardianship involves the execution of orders of the warded citizen and the duties provided for by the provisions of the concluded agreement.

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Social Security

Registration of guardianship for elderly people in 2020

the person seeking outside assistance is not mentally ill (since patronage for mental defects is allowed only as full-fledged guardianship);
the presence of consent of the potential ward and the candidate for his patrons (assistants);
Social security workers who help the elderly at home should not become accomplices;
Relatives and complete strangers have the right to become accomplices (most often close relatives are appointed as such),
Various types of agreements are concluded between accomplices and an elderly person:
agency agreements;
assignment;
trust property management.

If, based on the results of studying the application and package of documents, the guardianship authority comes to the conclusion that there are no grounds for obtaining social protection, the applicant is sent a corresponding notification. If by this time an application from a potential guardian has been submitted, he will also be notified. If there are justifications for the appointment of social protection, a written order on its establishment is prepared.

Requirements for an heir

The person under guardianship in this situation must meet certain requirements:

age from 18 years;
no restrictions on legal capacity;
citizenship of the Russian Federation.

To draw up a will, the notary will require a certain set of papers from the parties:

This is a passport that will contain the details of the heir,
as well as the availability of documents of legal and legal significance. For example, for an apartment.

If the ward suffers from a mental disorder, he is not able to sign the said document in accordance with the law, thereby making his will known.

As for a will, the main condition for drawing up is the free will expressed in it. It is not compiled under the influence of coercion, threat, or violence. If these facts are discovered, the rules of the Civil Code of the Russian Federation regarding the invalidity of transactions will be applied to the will.

Thus, if a person has been taken under guardianship with the right to transfer property after his death, a notary must draw up a written order about this. His participation in the transaction, that is, in the drawing up of the will, guarantees the participants (the testator and his heir) the legality of the procedure being carried out. After the death of the testator, his relatives often claim rights to the property of the deceased, and often challenge the will, trying to declare it illegal. From this point of view, it is important that this document be drawn up in strict accordance with the Civil Code of the Russian Federation.

date, place of creation;
Name;
surname, patronymic, name of the person being cared for, his passport details in full;
the essence is to accurately and briefly formulate the desire to transfer property from one party to another for ownership after death;
list of transferred property;
number of copies of the will;
place, date of compilation;
information about payment of state duty.

When drawing up a document, the notary must make sure that the person transferring the property perfectly understands the legal significance of his actions and does this on a voluntary basis.
The testator pays a fee for the provision of this service by the state. Otherwise, the certification of the will by the notary will not be considered valid.
One copy of the document will be left with the notary, as well as the parties to the agreement. The document comes into force after the death of the testator.

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When people become caregivers for an older person, they take on certain responsibilities. The same thing happens when leaving with the right to inherit property. But the pensioner has the right to change his mind and not make a will to the person who helped him.

The reason for this cannot be, for example, senile dementia, since the will is drawn up by a fully capable person. Giving an account of his actions, in this situation the pensioner will be required to draw up a new will or issue a special order to revoke it. Both actions are permitted by law, but in this situation the participation of a lawyer is also necessary.

Guardianship, as a form of social protection, is designed to provide normal living conditions for people who suffer from mental disorders, as well as patients who are unable to fully care for themselves. To obtain guardianship over a grandmother, her grandson or another person must collect a package of documents, the same applies to patronage.

Caring for a pensioner over 80 years of age: documents for registration

In addition to students, payments can be received by housewives and women who, while on maternity leave, receive benefits from social security authorities, since the employer does not maintain a job for them. The age limit for citizens caring for the elderly is legally limited. This opportunity is available to Russians who are already fourteen years old. For such a group of young people, it will be necessary to confirm the consent of the parents and the guardianship and trusteeship authority for the provision of such a service.

For caring for elderly people over 80 years of age, compensation of 1200 rubles is paid. The amount is established by the President by Decree No. 175 of February 26, 2013. The money is transferred to the assistant by an elderly person. The amount of compensation increases by the regional coefficient at the place of residence of the pensioner. Payments are provided for each ward person. So, if a citizen helps two elderly pensioners, the monthly amount will be double the amount of 1200 rubles, that is, 2400 rubles.

Reasons for canceling status

Payment of compensation is terminated for certain reasons, not limited to the cause of death of one of the persons. If situations arise (listed below), the caregiver must immediately report the circumstances to the Pension Fund. Sometimes people just forget about it. Such irresponsible forgetfulness leads to improper payment of amounts, which is fraught with the formation of debt to the state. Five days are allowed for notification. You can choose the sending method in the same way as when submitting an application - in person or remotely.

Payments stop if:

Receiving compensation:
registered at the labor exchange and receives benefits as an unemployed person;
performed his duties in bad faith, which is confirmed by a statement from the sponsored pensioner or the results of an audit by PF employees;
he himself decided to abandon his duties;
started receiving a pension;
called up to serve in the army.
Ward:
left the country and was deregistered;
sent for permanent residence to a state social service institution;
died.

The state monitors the performance of the assistant’s work. If they find violations, then your activity is terminated.

There are natural factors such as:

Death.
Placement of the ward in a specialized institution (for the elderly).
Removal of incapacity by the court.

Grounds for which the trustee is to blame:

Fulfilled his obligations poorly or incompletely.
I sold an apartment, a private house, a garage without the consent of the guardianship authorities and the owner himself.
Used pension savings for his own purposes.
Made a deal with the person he helped.

At the moment, relatives of an elderly person have the legal right to provide care, where they are allowed to manage movable and immovable property in favor of the supervised person, and spend all his personal savings on the purchase of medicines, food, clothing, and to pay utility bills. In addition, the assistant is burdened with responsibilities, failure to comply with which entails legal penalties.

We are monitoring new incoming information regarding changes in the Civil Code and will notify you about this.

Guardianship of an elderly person aged 80: who can be the guardian

If you receive a refusal, do not be upset. Provided that you can successfully improve your health, you are allowed to initiate this process again, and if improvement is proven, you will be able to complete the procedure.

tuberculosis, the development of which is in the first and second stages, for which dispensary observation of the patient is recommended;
any mental disorders that affect the behavior of the individual and the actions he performs;
oncological diseases in which the potential guardian has malignant tumors at the fourth and third stages;
various diseases of infectious etiology, which also require the applicant to become a guardian to be under dispensary observation;
various injuries, due to which the person in question received a disability of the first group.

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Registration of guardianship for an elderly person over 80 years of age

There is also the possibility of establishing guardianship in the form of patronage. This is an opportunity to help an elderly person who, due to physical fatigue, cannot carry out work, protect his rights. All possibilities, as well as the rights and obligations of the parties in this case, are regulated by the Civil Code.

tuberculosis stages 1 and 2 during dispensary observation;
with mental disorders and deviations in actions;
with malignant formations of stages 3 and 4;
infectious diseases during dispensary observation;
injuries that resulted in disability of the first group.

Documents required to obtain guardianship over an 80-year-old grandmother

After official registration, caring for a relative becomes easier. Of course, you can just take care of a close relative. But providing care takes energy, and various bureaucratic difficulties arise in obtaining cash payments due to the citizen. So why not get a guardianship and solve these problems?

The representative has no right to enter into transactions with his ward. Thus, the interests of a citizen who has lost his legal capacity are protected. You can only make transactions that are beneficial to the ward. Guardianship is subject to the right to spend money only on the maintenance of the senior citizen.

How to arrange care for an elderly person after 80 years of age

They can be an unemployed able-bodied person over 14 years old,

residing on the territory of the Russian Federation,
not receiving a pension,
not receiving unemployment benefits,
not receiving any income, including from business activities, as evidenced by the absence of insurance contributions to the Pension Fund,
not undergoing military service in the army.

Therefore, children take care of their parents (their old mother and father), and eighty-year-olds look through their acquaintances for those who would contribute to the registration of a pension supplement:

students,
housewives,
women receiving child care benefits for up to 1.5 years through the Social Security Administration, since their employer does not have a job retained for them,
officially unemployed bloggers and freelancers.

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Law of care for pensioners over 80 years old documents from 14 years old

Full guardianship is provided for disabled people of the 1st group and other people with serious illnesses, as well as incapacitated persons.
patronage is carried out in relation to capable citizens whose capabilities are limited.
As a rule, relatives take care of elderly people over 80 years of age.

Russians who do not work and do not receive benefits as unemployed, but are able to work according to pension legislation, can count on compensation. For care, family ties and living together do not play a role. Strangers have the right to look after the elderly and receive payment for it.

Registration procedure

Now future guardians can undergo special training. This will help you understand what you should prepare for in the future and how to properly care for an elderly relative. Based on the results of the training, a certificate is issued. Training is free.

Once the necessary knowledge has been obtained, you can begin collecting documents for guardianship.

3 ways to submit documents:

personal appeal to the guardianship department;
portal gosuslugi.ru;
multifunctional center for public services.

Some guardianship departments have their own websites where you can find out what documents are needed to guard an elderly person over 80 years of age.

Guardianship of an elderly person aged 80: details of registration

Age of majority.
Full legal capacity.
No outstanding criminal record.
No serious illnesses.
No alcohol or drug addiction.
Availability of permission from the guardianship authorities.
Availability of consent of the future ward (if he is legally capable).

Statement. The request for patronage is written by the person himself. A statement of consent to full guardianship is written by a person only if he has legal capacity. Also, a statement of desire to provide care is also written by the future caregiver (in case of patronage) or the guardian (in case of full guardianship). The document indicates the data of the authorized body and the complete data of the parties.
Additional documents. Federal law determines the list of documents that must be attached to the application.

How to apply for care benefits for a pensioner over 80 years of age

Presidential Decree No. 1455 of December 26, 2006 “On compensation payments.”
Government Decree No. 343 of 06/04/2007 “On making monthly compensation payments to non-working able-bodied caregivers, including people who have reached the age of 80 years or more.”

Passport of the pensioner and the person who will care for him.
The work record of the pensioner and the person who will apply for care benefits.
Two insurance certificates (SNILS) - for the pensioner and the applicant.
A certificate from the employment center for the person caring for the pensioner (if he does not work or study).
Application from a pensioner. You can take it from the Pension Fund. The applicant himself, that is, the person who will care for the elderly person, can fill out the application. But the pensioner must independently sign the application.
Certificate from the place of study - for full-time students. This certificate must contain the following information: Full name of the person who decided to care for the pensioner, date of admission, date of completion of training, order number for enrollment in the course.
For minors (schoolchildren who have not reached the age of majority), you must provide a statement from the parents that they allow their son (daughter) to work in this direction.

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Process of obtaining status

In order not to be confused in terminology, the legislation of the Russian Federation clearly defines the age periodization of concepts:

These include people who have reached a well-deserved rest. Previously, women aged 55 and men aged 60 became pensioners. But in 2019, the Cabinet of Ministers adopted a new law that introduces a long transition period, involving step-by-step stages of retirement. The “stronger sex” will retire by 2028 at 65 years old. For the “weaker sex,” this period will stretch until 2034, and they will reach retirement age at 63. This age ends at seventy.
Until the age of ninety, a citizen is considered old.
Next comes longevity.

Assistants can be people whose wards (disabled, elderly and over 80 years old) have been called incompetent by court. This legal term means that an elderly person is not aware of his actions, cannot cope with everyday difficulties and has a mental disorder or dementia, due to which he is not able to make an adequate decision on the implementation of his rights and responsibilities.

The Code of the Russian Federation has established the age limits for citizens who need round-the-clock assistance:

children under fourteen years of age;
dependent persons whose status is approved by a court decision;
people who have crossed the eighty-year mark.

Action algorithm:

Collect all the necessary documents described by us earlier.
Come to the appropriate authority, submit a package of papers and write two statements on behalf of yourself and the ward. If a person is declared incompetent, then such an appeal must be written by the closest relatives.
Within one week, all written confirmations will be checked, your living conditions will be examined, and a report will be drawn up based on the results of the check.
The council decides whether to give you status or not.

After submitting them, you will be given a response no later than one month.

Material compensation is provided to persons (women under 55 and men under 60) caring for:

Disabled people of the first degree and since childhood. In this case, monetary compensation will be 5,500 rubles.
Elderly people over 80 years of age. Benefit in the amount of 1200 rubles. is paid from the Pension Fund of Russia and goes to the account of the disabled person along with the pension. There is no money from the state for patronage. In this case, they are subject to the signing of the agreement by both parties.

To receive payments you must provide the following documents:

original and photocopy of passport;
SNILS;
work book, if available;
a certificate from the labor exchange stating that you are not registered with them;
decision from the pension fund to assign you a pension.

If the person providing assistance has reached the age of 14, then you must bring confirmation from the educational institution and written permission from the social security authority and one of the parents.

In addition to cash, the state provides the opportunity to form a future pension. For each year of care, a citizen is awarded 1.8 points.

Payments stop if:

The arbitration court decided to cancel the status.
The assistant was officially employed.
The supervised person was placed in a nursing home.
The death of the ward occurs.
The disability group was removed or changed.
The caregiver has reached retirement age.

Social guardianship over elderly people is regulated by the Civil Code of the Russian Federation and is appointed under certain conditions:

The helper must prove that he does not have mental illness.
Both parties provide a written agreement.
Social workers who, by the nature of their work, help elderly people who are dependent on themselves, do not have the right to be curators.

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The formalization of such assistance to elderly people is prescribed in the civil code and follows the rules established by the regions.

For social patronage, it is important for the applicant to personally come to the relevant authority. There he must write a statement asking for an assistant. In addition, a medical report with a diagnosis will be required. If for health reasons he cannot be present in person, then a trusted person has the right to perform this procedure for him.

On the other hand, a citizen who wants to help, in turn, also writes a statement and provides certificates of absence:

criminal record;
drug and alcohol addiction;
mental illnesses;
tuberculosis;
malignant tumors;
diabetes mellitus

An important point is the presence of their own living space, since the ward is required to be on the territory of the trustee.

After you have collected the entire package of documents, brought it to the executive body, written a petition to determine your status, calm down and wait for an answer. After one month, you and the person seeking protection will be notified by written communication outlining the decision.

An object that helps around the clock has the rights and responsibilities:

Live on the territory of the ward (if he does not have his own living space). This must be approved by social security officials.
Carry out business activities.
Carry out financial transactions in the interests of an elderly person.
Dispose of property (renting an apartment or house) with the permission of the relevant authorities.

For all of the above points, a power of attorney is not required! Each ruble spent is reported once a month.

It is recommended to draw up an agreement where all actions will be clearly stated:

how many times a week will you come;
how much work you will do;
what specific help does the ward need;
How will you resolve a property issue in favor of an elderly person?

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d) a certificate (information) from the employment service authority at the place of residence of the caretaker about his non-receipt of unemployment benefits; e) an extract from the certificate of examination of a disabled citizen recognized as disabled, sent by the federal state institution of medical and social examination to the body paying the pension;

k) certificate (information) about the non-assignment of compensation payment for caring for a disabled citizen who is a recipient of a pension in accordance with the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, bodies for control turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families” and old-age labor pension issued by the body paying the corresponding pension. (Clause 6 as amended by Decree of the Government of the Russian Federation dated June 26, 2012 N 646) 6(1). The body paying the pension does not have the right to require the person providing care to submit the documents (information) specified in subparagraphs “c”, “d” and “l” of paragraph 6 of these Rules. These documents (information) are requested by the body paying the pension from the relevant authorities in the manner of interdepartmental information interaction. The interdepartmental request is sent by the specified body within 2 working days from the date of submission of the application by the caregiver, in the form of an electronic document using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, and in the absence of access to this system - on paper media in compliance with the requirements of the legislation of the Russian Federation in the field of personal data.

The procedure for the registration process and collection of documents, what certificates are needed

To receive social protection, an elderly or infirm person must apply directly to the executive authority at his place of residence and provide a statement of such need. The applicant's poor health requires documentary confirmation (medical documentation).

If the elderly cannot come on their own, it is allowed to use the help of a trusted person (by power of attorney).

Then the person applying for patron status must submit an application to the same organization. At the same time, a plan of agreement is submitted, signed by both parties. Attached to these documents are:

certificates about mental health, drug addiction, tuberculosis;
medical report (certificate) on health status;
positive information from your place of residence or work (study);
data confirming the availability of living space;
other documents (as required by regional legislation).

How to obtain guardianship for an elderly person

Relevant Russian legislation provides for the possibility of providing paid assistance to elderly people. In order to become a subject of legal relations arising on the basis of support for an elderly person, a number of documents are required. After this, in relation to the person over whom patronage is exercised, you will acquire certain rights and obligations.

Just as in the case of patronage, before a citizen is officially recognized as a guardian and acquires the corresponding rights and obligations, based on the documents provided, after assessing the circumstances of the case and taking into account all its aspects, the authorized body must decide to appoint a guardian. Accordingly, you can submit an application to the guardianship and trusteeship authorities.

25 Jan 2020 etolaw 1697

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Guardianship forms

We provide a table where you can find the differences between them.

Care method	Who is protected
Guardianship	Young and minor children
Patronage	All elderly people who are recognized as dependent
Guardianship	People from fourteen to eighteen years of age, as well as partially capable adults. These include people with alcohol or drug addiction

Important note! The guardian actually takes over the work on all household, economic and financial issues. That is, he not only takes care of the citizen, but also manages pension savings and property (pays for utilities, purchases medicines, food and clothing, rents out living space, etc.) in favor of the ward. And the patronage assistant, according to a notarized agreement drawn up, has no right to dispose of material assets.

Now you need to know how the process of being declared incapacitated at any age takes place. This status is issued only by court decision, where the evidence base becomes:

A certificate from psychiatry is issued on the basis of a psychiatric examination;
Medical examination, where all diseases are clearly described. For example, if a diagnosis of “Dementia” is made, then points must be written that the patient is not able to lead a normal lifestyle (take care of himself, conduct financial activities and make decisions).

During the meeting, the following must be present: the proposed assistant, the person for whom they are going to make a decision on lack of independence, and employees from social protection. If a citizen is recognized as dependent, then it comes into force after 30 days. If the patron has a selfish goal, such as appropriation of property and material assets, then the elderly person has the right to appeal the court ruling establishing his incapacity within one month.

Leave a request for selection of a boarding house

for an elderly person

The Code of the Russian Federation clearly states the points on which you must:

be of legal age;
not have a police record and not serve time in correctional institutions;
not be registered in psychiatric and drug treatment clinics;
not have diseases such as tuberculosis, chronic infectious diseases and cancer;
provide a positive reference from work or study, which will describe your moral and ethical qualities;
be legally capable, that is, have a permanent place of service and provide not only for yourself, but also for at least one other family member.

In addition, guardianship staff are more likely to accommodate you if you are closely related to your ward, have a medical education, or have completed special courses in caring for the sick.

If you cannot prove your suitability, then government authorities will not give you the required status. Do not try to break the law, remember the criminal penalties!

Patronage includes full care and patronage. The first concept includes responsibilities such as: 24-hour supervision; cleaning of the apartment; cooking and feeding; walks in the fresh air (if possible); medical assistance and solving financial issues. In this case, the citizen must be declared incompetent for physical or mental health. People who have reached the age of eighty are entitled to full guardianship.

Assistance is provided according to the agreement specified in the agreement between both parties. The assistant comes to the elderly person's home several times a week and carries out various tasks. In this case, residence in the territory of the patronized person is not expected.

To assign both statuses, you need to collect documents.

Patronage

You should bring the following to the relevant social security authority:

Original passport and photocopies of all its pages.
Medical confirmation of the absence of serious diseases (tuberculosis, diabetes, malignant tumors, drug and alcohol addiction).
Information from the Ministry of Internal Affairs that you have never had a criminal record.
A handwritten document confirming the consent of the ward and relatives.
A draft notarized agreement between both parties with rights and obligations.
Certificate from the tax office 2 personal income tax.
Characteristics from work, school, neighbors or the local police officer.
At the request of social authorities - an autobiography.
Two statements: from the recipient of care with a request that he needs a curator and from a person applying for this status.

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After their consideration, the relevant structure sends a positive or negative decision by mail in two copies.

The papers collected are similar, only in all documents you must replace the word “patronage” with the appropriate term. In addition, you must have a positive verdict recognizing incapacity, and a certificate stating that you have the right to use all accounts, pension savings and resolve property issues in favor of the ward. The agreement in the presence of a judge is signed by the curator, relatives (if any) of the patron and two employees from social protection.