A disabled person of group 1 is a person who has completely lost his ability to work. If his illness is not associated with mental disorders, then he has the right to independently decide who will take care of him (Article 41 of the Civil Code of the Russian Federation). In this case, patronage guardianship is established. If the disability is due to mental disorders, the court appoints the guardian without taking into account the opinion of the disabled person (Article 29, 48 of the Civil Code of the Russian Federation).
It is necessary
- - application to the guardianship authorities;
- - a package of documents;
- - application to the court.
If you are going to arrange custody of a disabled person of group 1 who is not recognized by the court on the basis of a psychiatric examination as completely insane, contact the guardianship and guardianship authorities of your area with a statement. An application for registration of patronage guardianship must be presented from the disabled person himself.
You must present to the guardianship authorities a certificate of the examination of your living space by members of the housing commission, a certificate of income of the 2-NDFL form, a description of the place of work and residence, a medical card signed by all the specialists specified in the document. The card will be given to you in the guardianship authorities. You must visit an oncologist, narcologist, psychiatrist, therapist, phthisiatrician, present extracts from the AIDS center. The caregiver must be completely healthy.
The guardianship and trusteeship authorities will review your application and appoint you as a guardian. You are obliged to make a monthly full countdown before the custody of the health of your ward and the spending of his money. At any time, at the request of a disabled person, you can be removed from your guardian authority.
If you are going to issue custody of a disabled person of the 1st group, recognized by the court as incompetent due to mental insanity, submit an application to the guardianship and guardianship authorities and to the court. Only on the basis of a court order with the participation of the guardianship authorities, the prosecutor, you can be appointed a guardian, without asking the permission and consent of your ward.
As in the first case, you must present all documents and a medical record. If you do not work, then you may be assigned an allowance of 1200 rubles for caring for a disabled person of the 1st group (Government Decree No. 343).
You are not entitled to any more benefits when exercising guardianship. You will not be the heir of the ward, and his property will not be transferred to you in case of death (Article 63 of the Civil Code of the Russian Federation). That is, in fact, guardianship is carried out on a voluntary basis.