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Concept, goals and functions of patronage

Patronage of adult capable citizens is voluntary and unpaid assistance, which consists of a large number of functions they perform. This person solves not only most legal issues, but also everyday ones. In addition, the patron often acts as an adviser to his ward.

But, despite the fact that this is a charitable activity, wards often charge their patrons a fee for services. This is possible only on the personal initiative of the person, since the law does not have the right to interfere with the financial relations between the patron and his ward.

All transactions carried out by the assistant for his ward require consent.

After all, although a citizen needs additional help, he still remains full-fledged and capable. The activities of the patron are subject to control by the authorities, who carry out inspections throughout the entire period while the patronage lasts.

Grounds for establishing patronage over an adult capable citizen

Not all persons can count on patronage, since this requires serious reasons. They may be a health condition that does not allow a citizen to stand up for his rights. These are disabilities, serious chronic diseases, etc. A citizen must have evidence that he is unable to defend and serve himself independently.

The procedure for establishing patronage

Patronage of capable citizens must be established in the manner determined by current legislation. First of all, both parties need to provide:

Application of a person in need of patronage for health reasons. It is recorded in a special journal.
Consent of a person who has a desire to establish patronage over this citizen. It must be in writing.
Documents confirming their identity.
Extract from the house register. A citizen in need of additional care must prove that he has a permanent place of residence.
Medical certificates that can confirm the fact that a citizen really needs patronage.
Certificates from medical specialists confirming that the person wishing to establish patronage is not registered with a narcologist and can carry out his duties.
Autobiography of the assistant, as well as a certificate from his place of work.
Consent to the patronage of family members of the future assistant of a capable person.
An agreement entered into between the parties.

Quite high demands are always placed on an assistant. He is checked quite carefully, especially his personal qualities. The cartridge's ability to perform its tasks is also determined. At the same time, the authority that is involved in establishing patronage has the right to request any documents from any institutions to confirm the identity of the assistant.

It is important to know that a patron cannot be a person who serves a citizen on behalf of other social organizations. People who live too far from their ward are rarely appointed as assistants.

Establishing patronage is not an easy process. Based on the application of the person requiring patronage, the municipality examines his living conditions. In addition, they conduct explanatory work with him, during which he is told about his rights and responsibilities. The result of the survey of housing conditions is an act that is signed by the commission and the person being surveyed.

They can also examine the living conditions of the future assistant. Then, based on all submitted documents, authorized persons make a decision. Patronage of capable citizens is established no later than a month after they submit an application. If the decision is made in favor of the person, then the execution of a resolution to establish patronage over him begins. Copies of this document are sent to both parties for review. This is the procedure for establishing social patronage.

After this, the authorities form a so-called observation file, to which they immediately attach all documents, including statements of participants, etc. The right to patronage may be denied if there are grounds for this. These are conditions that contradict current laws.

Control of guardianship and trusteeship authorities over the performance by an assistant of an adult capable citizen of his duties

Patronage of adults must be controlled by the relevant authorities. They carry it out to the best of their ability. There is such a thing as a control examination, which is carried out twice a year. If necessary, this amount can be increased for each specific case.

Also, certain agreements may be concluded between a citizen and his assistant. Most often this is an agreement of assignment or management of property. In this case, the municipality is obliged to verify the implementation of patronage under these agreements.

If during any of the checks the authorized bodies discovered that the patronage makes mistakes (intentionally or not), then they are obliged to inform the citizen about this. In addition, the assistant may be required to eliminate all violations within a specified time frame. If he refuses or ignores the instructions of the municipality, a decision will be made to terminate his duties. Each examination ends with the drawing up of a report.

Registration of guardianship over a child from an orphanage

The guardian draws up an appropriate agreement with the guardianship service on the provision of monetary compensation. Thus, the state pays a certain amount of money every month to support the child. Alternatively, the guardianship service may allow the guardian to use the property of the minor from the orphanage. The time of guardianship can, at the request of the citizen, be counted as work experience.

a statement written in your own hand;

applicant's passport;

a certificate from work indicating the position and income for the year;

extract from the house register or lease agreement;

FLS from place of residence;

a certificate from the police department confirming the absence of a criminal record or other violations;

a medical certificate attesting to the physical and mental health of the applicant who has expressed a desire to obtain guardianship of a child from an orphanage;

marriage certificate if the future guardian is legally married;

written consent from all residents living with the applicant, as well as from 10-year-old children;

autobiography;

certificate of successful completion of preparatory courses from the guardianship service;

certificate 2-NDFL;

positive characteristic;

a document confirming the compliance of the living space with sanitary standards;

If a child from an orphanage for whom guardianship is being issued is 10 years old, his written consent will be required.

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Assistant Responsibilities

The activities of an assistant to a capable person are not subject to any remuneration. However, in some cases the legislation provides for this. The main responsibility of all patrons is to protect the interests and rights of their wards. And since these individuals have serious health problems, the assistants are obliged to provide them with the necessary treatment.

How to obtain custody of a child

statement;
certificate of employment (position and average annual salary);
extract from the house register;
a copy of the personal account receipt at the place of residence;
certificate of no criminal record;
certificate from a medical institution about health status;
a copy of the marriage certificate;
consent of family members (including children over 10) to accept a new member into the family;
certificate of completion of the School of Adoptive Parents (school of foster parents);
autobiography;
copy of pension certificate.

deprived of parental rights;
was convicted of a crime against honor and dignity, life and health of citizens, public safety and the safety of humanity;
does not agree to be a guardian;
is in a same-sex marriage;
did not undergo training organized by the guardianship authorities;
has alcohol and drug addiction or if his health does not meet medical requirements.

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Patronage agreement

Without a properly drafted agreement between the parties, patronage cannot be exercised in full force. And an agreement containing the rights and obligations of both participants will make it easier for them to fulfill them. Especially if the ward has serious illnesses. All duties of the assistant are listed in great detail, from everyday issues to representation in courts and other government agencies.

This agreement can be easily terminated, and unilaterally. If illegal actions are discovered on the part of the assistant, the contract is terminated by the court at the request of the ward or official.

The procedure for terminating patronage of an adult capable citizen

The purpose of social patronage is to help a capable person perform any legal actions that he cannot perform on his own.

However, patronage of adult capable citizens is terminated for various reasons.

The grounds for termination of social patronage are contained in the Civil Code of the Russian Federation. Most often this happens due to the fact that one or another agreement concluded between the parties ends, since the purpose of guardianship disappears. Or patronage is terminated by the citizen himself for his own personal reasons. Automatic termination occurs due to the death of the ward.

There is an established procedure for terminating social patronage. In this case, the municipality is obliged to formalize the resolution. It must be filed with the observation case. But the resolution does not need to be drawn up if patronage has ceased due to the death of a citizen who needed it. In this situation, patronage is canceled within 3 days.

Patronage is a great way to help people who cannot independently protect their rights and abilities while remaining legally competent. The state meets halfway those who are going to take citizens under such guardianship.

Author of the article

What documents are needed to register guardianship of children from an orphanage?

A guardian can be an adult, physically and mentally healthy person who has access to housing. Relatives have priority in adoption. The procedure for registering guardianship involves taking psychological and pedagogical courses. To establish guardianship, you need to collect a package of documents confirming the physical health, moral qualities and financial condition of the guardian.

Application in the prescribed form.
Autobiography.
A photocopy of a certificate of successful completion of psychological and pedagogical courses (not requested from immediate relatives or successful adoptive parents/trustees).
Confirmation of permanent residence and availability of housing. Suitable:
rental/social tenancy agreement;
extract from the house/apartment register;
photocopy of personal account.
Medical report form No. 162/u.
Certificate of good conduct.
A scanned copy of the marriage certificate (if relevant).
Consent from relatives living together over 10 years of age.
Income documents.

19 Jul 2021 etolaw 412
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