Whether a group 2 disabled person should be a guardian. Guardianship of an incapacitated disabled person: what benefits are available to guardians. What documents will you need?

People with disabilities often need outside help, and sometimes in representing their interests by other persons.

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How is guardianship of a group 2 disabled person formalized in 2019, who can become a guardian, and on what basis? People who become disabled often require outside help.

And if in everyday life it is possible to provide support unofficially, then representation of interests in official bodies is possible only if the competence of the representative is confirmed. How to obtain guardianship over a group 2 disabled person in 2019?

What you need to know

According to the legal definition, a disabled person is a person who has a permanent impairment of health caused by a defect, injury or disease.

The cause of disability may be severe physical state or mental disorder.

It is the reason that acquires fundamental importance when processing a disabled person. A competent disabled person who does not have a confirmed mental disorder does not need guardianship.

He can be cared for under foster care conditions. When the basis of disability is a mental disorder, the person requires full guardianship.

Basic moments

When planning to arrange guardianship for a disabled person, first of all, you should distinguish between the concepts of guardianship and patronage. The caregiver's responsibilities will vary depending on the care option.

When registering patronage for a disabled person, the assistant assists him in solving everyday issues as necessary.

That is, he provides care and provides basic needs. The trustee can also represent the interests of the ward.

However, the decision remains with the disabled person himself. The trustee acts taking into account the will of the ward. Guardianship assumes that a person needs constant care.

In addition, a disabled person is not able to make decisions independently, since he cannot adequately assess circumstances.

All significant decisions are made by the guardian taking into account the interests of the ward. It is also worth knowing who can receive group 2 disability.

According to this standard, disabled people are classified as people in need of assistance. The procedure for assigning disability is determined by the Orders of the Ministry of Health and Social Development.

The regulations of this department establish a list of diseases for determining disability, existing categories, and the procedure for applying.

As for establishing guardianship over a disabled person, the main importance is attached to the norms of family law.

In particular, guardianship is regulated by:

How to obtain guardianship over a group 2 disabled person in Russia

For the most part, disabled people of group 2 are people who are capable, but somewhat limited in their capabilities.

Therefore, it is often not guardianship that is established, but patronage care. In this case, the ward has the right to independently choose an assistant.

An agreement is concluded with the trustee in accordance with civil law, which stipulates all significant conditions of care.

The criteria for a caregiver are less stringent than for a guardian. This is due to the fact that during patronage, the use of money and property of the person under care is carried out only with his direct consent.

But the trustee must be an adult and capable.

The property of the ward is disposed of on the basis on which the ward can receive remuneration.

In this case, the trustee who disposed of the ward’s property improperly is obliged to compensate for losses.

Guardianship is established over a disabled person of group 2 only if his incapacity is officially recognized.

For example, how to arrange guardianship over the mother of a group 2 disabled person if she is incompetent?

Adult children should be officially recognized as incompetent and disabled by the mother, and then receive guardianship.

What documents will you need?

In 2019, while collecting the necessary documents, it is allowed to establish temporary guardianship over a disabled person in accordance with.

The period of such guardianship is up to six months, but if necessary can be extended up to eight months.

To obtain preliminary guardianship, you need to contact the guardianship authorities and provide the passport of the potential guardian and documents confirming the disability of the ward.

To establish permanent guardianship, you will need to collect the following documents:

	Confirming the absence of contraindications for guardianship - issued at the clinic at the place of residence
Certificate from a narcologist	It is necessary to confirm that the guardian is not registered
	Issued by the police information department, but can be issued through the MFC or the State Services portal
Application for guardianship	The form is issued at the place of application
	Proof of permanent income
	If the guardian is in a formal marital relationship
	Compiled in free form indicating significant events in life
Consent of all family members	If a disabled person is expected to live on the territory of a guardian

All collected documents are valid for a year, except medical documents, the validity of which is limited to a three-month period.

In addition to the listed documents, government agencies may request additional documents. It is also expected to check the sanitary and technical condition of the premises where the disabled person will live.

Confirmation of disability

When establishing guardianship over a group 2 disabled person, you should initially make sure that the disability is confirmed.

By law, citizens with an assigned disability are required to periodically undergo a commission to confirm their status.

The procedure involves a medical examination, obtaining a doctor’s opinion and consideration of the collected documents by an expert commission.

During the consideration of the application, the commission evaluates:

• self-care ability;
• possibility of independent movement;
• opportunity labor activity;
• ability to communicate;
• level of control over your behavior.

If, according to experts’ assessment, normal life support is impossible according to any of the criteria, a disability group is assigned.

The average severity of impairments corresponds to disability group 2. At the same time, you need to know that group 2 is working and guardianship is not mandatory.

For example, a person has limited capabilities, but can work in special conditions and can perform basic household functions himself.

For example, a visually impaired person can get around independently in his home, but he requires the help of strangers outside the apartment.

That is, the need for guardianship or, most often, patronage is determined by the disabled person himself. But this is if we are not talking about the incapacity of a disabled person.

Nuances on mental illness

When the commission recognizes a disabled person as incompetent, this means that the person requires guardianship.

Even maintaining everyday skills does not allow a citizen to act on his own behalf in various authorities.

The guardian independently represents the interests of the ward and makes the necessary decisions. However, if a disabled person is declared incompetent.

If he is placed in a specialized medical institution, he does not need a guardian. In this case, the interests of the citizen are represented by authorized persons of the medical institution.

A private person cannot become a guardian. It should also be noted that guardianship over a disabled person of group 2 with mental illness This is a form of care that is determined by the court.

Registration procedure

To establish full guardianship over a group 2 disabled person, interaction with social protection authorities will be required, medical institution and judicial authorities.

The process of taking guardianship is defined and includes the following stages:

1. Confirmation of the disability of the potential ward.
2. Passing a medical examination to confirm the proper health status of the guardian.
3. Preparation of the necessary package of documents.
4. Submitting an application to the guardianship and trusteeship authorities.
5. Applying to court with the provision of necessary documents and evidence.
6. Adjudication.
7. Establishment of a guardian's rights.

When considering a case, the court initially focuses on confirming incapacity.

If this criterion does not raise doubts, the suitability of the guardian and the grounds for his appointment are assessed. Sometimes it is possible to establish guardianship based on permission from social security authorities without going to court.

Video: guardianship of incompetent citizens

But such cases are rare and, as a rule, they are preceded by an earlier court decision on the citizen’s incapacity.

Entitled payments

How much do they pay for guardianship of a disabled person? Caring for another person does not involve payment. However, the assistant may receive a monthly cash incentive if he or she meets certain requirements.

The applicant must be able-bodied (not retired) and not employed due to care. In addition, there is a certain nuance.

This standard establishes payment for a guardian, but only when caring for:

• disabled person of group 1;
• a disabled minor child;
• person over 80 years of age.

That is, when caring for a disabled person of group 2, you can receive 1,200 rubles monthly if the person being cared for is under 18 years of age or over 80 years of age.

To process the payment, you should contact the Pension Fund at your place of residence. Of course, the disabled person himself is entitled to pension benefits, payments and disability benefits.

But the money can only be spent on providing for his personal needs. If it is revealed that the guardian is spending funds on himself, guardianship is removed.

Separately, mention should be made of payments for caring for a disabled child. In this case, the non-working guardian parent receives a payment of 5,500 rubles.

In Moscow, this amount is 6,000 rubles, and in 2019 it is planned to double the payment amount. How to arrange guardianship of a group 2 disabled person from childhood?

The registration procedure is absolutely similar to that described above. First, disability is confirmed, then incapacity, and then guardianship is established.

Rights and responsibilities of a guardian

The responsibilities of the person acting as guardian of a group 2 disabled person are:

• caring for the health of the person under care;
• provision of medicines, food and clothing;
• reasonable management of a disabled person's funds.

If it is necessary to make any transaction on behalf of the ward, the guardian must first obtain permission from the guardianship authorities.

The loss of any physiological ability by a person is always tragic and unpleasant. However, people who have lost their sight or hearing, and who can only move in a wheelchair, do not cease to be human. Our state has adopted laws that allow people with disabilities to realize and protect their rights. But sometimes such people need support and help. For these purposes, a guardianship tool was created.

Who are group 2 disabled people?

Disabled people in Russia are people who, due to health reasons, cannot fully carry out their life activities in society and need protection and assistance. According to the law “On social protection of disabled people in Russian Federation» the presence of diseases is determined by a special medical institution. The procedure for such identification is established by the Government.

There are three groups of disabilities in total. People from the first group have very serious illness and require constant care. The second group is recognized for those persons who have severe or moderate illnesses. It is assumed that such a person can serve himself at least partially. The third group includes disabled people without loss of ability to work.

It is very difficult to obtain the first group of disability, so most people who have survived serious disease get the second group. Their ability to carry out any activity is severely limited. Often such people need additional care and care.

Types of guardianship

Guardianship of a disabled person is aimed at protecting his interests and is divided into several categories. There is a distinction between guardianship over adults and children, over those who have physical limitations and over those who are declared incompetent. Based on the method of payment, a distinction is also made between paid and gratuitous care.

Who can be a guardian

Any person who wishes to care for the patient and meets certain criteria can obtain guardianship over a disabled person.

Requirements

Russian legislation establishes the following requests for those who can be a guardian for a group 2 disabled person:

• Legal capacity and majority.
• No criminal convictions against the person. The candidate's biography should not contain criminal histories involving crimes against the person.
• The person must be healthy and have a certificate of absence of contagious diseases and other violations that interfere with the implementation of guardianship.
• Absence in the biography of facts of non-compliance with the conditions of guardianship and previous deprivation.

There are no other requirements for a guardian.

Rights and responsibilities of a guardian

The responsibilities of a guardian for a group 2 patient include providing care, caring for the health of the ward and carrying out assignments stipulated by the concluded contract. The main tasks that guardianship solves when patronizing a disabled person of group 2 are everyday issues: purchasing various products, helping with housekeeping.

A citizen who has guardianship over a patient has the right to care for the ward and choose clinics for the treatment of the ward. The rights of the assistant may include representing the interests of the ward in court and other government organizations. In addition, the guardian has the right to receive government payments from the relevant authorities.

Can a guardian work for an incapacitated parent?

If a person is declared completely incompetent, the guardianship authority is obliged to find a guardian for the disabled person. Usually the performer becomes close relative, son or daughter of an elderly person. In this case, the assistant, regardless of whether he works or not, is obliged to care for the person entrusted to him and take care of his health. Someone might think, “If I am, then I need to quit my job.” Please note that such guardianship may be free of charge. If the guardian wants to receive state care benefits, then he will have to quit his job. An exception is the payment of 1,200 rubles if the ward is over 80 years old.

How to obtain guardianship over a group 2 disabled person in Russia

Registration of guardianship is carried out over a disabled person in accordance with the procedure determined by the Government. Two applications are submitted to the guardianship authority at the patient’s place of residence. One thing is that the future guardian agrees to provide assistance to the patient and for a disabled person of group 2. The second is that the ward has no objections to this candidacy. Copies of passports and documents for registration of guardianship over a disabled person are attached to the applications. A decision on the issue is made within 15 days and is valid for two years.

Where to contact

To register guardianship of a disabled person, you should contact directly the guardianship and trusteeship authority at the place of registration of the disabled person. Usually the department is located in the administration settlement or area.

Required documents

From the person seeking guardianship:

• information from the place of work about his income;
• certificate from the hospital in form 164/у-96;
• brief autobiographical information;
• certificate of no criminal record (you can get a certificate at the MFC);
• consent of family members to guardianship.

The ward will be required to:

• certificate of the presence and degree of disability;
• information about the pension, confirmed by a certificate from the pension fund);
• extract from the house register.

Payments and benefits

Someone will be interested in how much a disabled person’s guardian receives, what benefits and payments he has. After registration of guardianship, the person caring for a disabled person of group 2 is entitled to payment only in certain cases. The monthly benefit will be 1,200 rubles if over 80 years old. If care is provided for a disabled child, then payments to the caregiver will amount to 5,500 rubles. In other cases, there are no payments from the state, but benefits are provided that are common to all cases.

A person who provides patronage for a disabled person has the right to a 50% discount when paying for housing and communal services, to benefits when traveling on public transport and to some benefits when paying for education.

Monitoring the performance of duties

Control over the performance of guardians of their duties is carried out by employees of the body responsible for guardianship and trusteeship in the region, and others social services. After establishing patronage, this body can initiate checks on the ward. During the inspection, an assessment is made of the living conditions of the disabled person, the availability of opportunities good nutrition, the number of items for hygienic maintenance, a conversation is held with the ward. If facts of violations are revealed, then the question of how to make guardianship over a disabled person of group 2 better, or how to deprive him of guardianship, can be considered.

Removal from guardianship

In addition to a scheduled visit, employees of the guardianship authority can visit the ward upon the complaint of neighbors or relatives. It should be noted that any citizen has the right to appeal to the guardianship authority with a complaint that the guardian is not providing care properly. Complaints are accepted for consideration only if there is evidence, medical reports or witness statements.

In addition to the monthly allowance for people with disabilities, the state in certain cases provides financial support to persons who care for disabled people. To do this, you need to collect a number of documents and register guardianship.

What is guardianship for a disabled person?

Forms social protection the rights and interests of citizens who, due to certain circumstances, cannot do this on their own, are guardianship, trusteeship or patronage. Distinctive features guardianship:

• established by the authorities local government;
• for persons with mental disabilities, a court decision is required to declare the citizen incompetent;
• the guardian is the representative of the disabled person by force of law and performs all actions on behalf of the disabled person and in his interests;
• for a person with group 2 disability, only one guardian is appointed;
• The guardianship authorities constantly monitor how fully the guardian fulfills his duties.

The duties of a guardian include:

• direct care of the incapacitated group 2;
• mental health care and physical health;
• protection of the ward's property;
• management of the property of a disabled person.

Who can be a guardian for a group 2 disabled person?

Please note that legal entities and individuals can take care of an incompetent person of the second group. As for citizens, the following requirements are imposed on them:

• Legal capacity. A citizen must be responsible for his actions and not have a court decision declaring him fully or partially incompetent.
• Coming of age. The guardian must be over 18 years of age. With written permission legal representative and guardianship authorities, persons aged 14 to 18 years have the right to register guardianship.
• Absence of other decisions of the courts that may affect the implementation of guardianship (for example, deprivation of parental rights).
• Having a permanent source of income and your own living space, which sanitary standards meets all requirements.
• No criminal record. Articles on the commission of offenses involving drugs and (or) drunkenness plus causing harm to life and health.
• Availability positive qualities and the absence of conflict situations with the relatives of the person under guardianship.
• Health status. The caregiver must have no diseases that make caring for a group 2 disabled person completely or partially impossible.

How much does a guardian of an incapacitated person get paid?

According to Russian legislation(Presidential Decree No. 774 of May 13, 2008) monetary compensation for a citizen caring for a disabled person of group 2 is not provided, since such work is carried out exclusively on a voluntary basis. Along with this, the guardian can receive a monthly allowance if the person who has been assigned a disability of the second group:

• reached 80 years of age;
• is elderly and, according to the conclusion of medical authorities, needs constant outside care.

Please note that you receive monetary compensation Citizens who simultaneously meet all the following conditions can:

• able-bodied;
• unemployed;
• not pensioners.

The amount of state benefits for paid assistance is:

Report on funds used

Since care is provided for an incapacitated person, the guardian independently manages the funds of a group 2 disabled person. This does not mean that he can spend it on his own needs. Confirmation of the intended use of money, movable and real estate, as well as other income is the annual submission of a report on special form. This requirement is enshrined in Government Decree No. 927 dated November 17, 2010.

How to apply

Guardianship of a disabled person of group 2 is formalized through the guardianship authorities, while payments are made through Pension Fund. The order is as follows:

1. Receive confirmation that the person under guardianship has been assigned a disability of the second group, and he cannot take care of himself on his own and needs constant outside help. For this purpose, a medical examination is carried out. At mental disorders a court order must be obtained.
2. Collect Required documents on the applicant and on the incompetent.
3. Submit an application to the authorized body, attaching the collected package of documentation.
4. Wait for the inspection and appointment of guardianship.
5. Obtain a guardian's certificate.

Disabled people include people who, due to their physical or mental abilities, cannot care for themselves and lead a full life. It is for such persons that there are guardians who must look after them.

Guardians are entitled to certain benefits and have clear rights and responsibilities when exercising guardianship.

What does guardianship of disabled people of groups I-III provide for?

As stated above, guardianship of a disabled person is the performance of certain duties that are associated with maintaining his life. The laws and other regulatory legal acts of our state clearly establish the rights and responsibilities of guardians.

The responsibilities of guardians are as follows:

But in addition to their responsibilities, guardians also have certain rights:

• the possibility of living in the living space of a disabled person in order to provide constant care for him;
• possibility of receiving cash payments from the state budget;
• free travel to the place of recovery of a disabled person, as well as when accompanying him on public transport;
• the right to claim real estate and other property of a disabled person after his death, with the consent of the latter.

According to current legislation, guardians can be both relatives of a disabled person and strangers, and this to some extent determines the amount of benefits they will receive for their work.

Guardians are prohibited from making any transactions on behalf of a disabled person that could limit his rights (for example, selling property, renting it out). If this becomes necessary, they must be agreed upon with the guardianship authorities and the disabled person.

Despite the size of the benefit paid, the list of their rights and obligations does not change, while responsibility for improper performance of their duties occurs equally for both strangers and relatives.

It is important to know that in order to obtain guardianship, you must meet certain mandatory criteria that are clearly prescribed by current legislation. Failure to meet these criteria will result in denial of guardianship.

The concept of disability and the procedure for registering guardianship

Before considering the procedure for registering guardianship, you need to have an idea about disability groups.

Having understood these disability criteria, you can move on to the question of how to arrange guardianship over a disabled person. The issue of registration is handled by social services, there are guardianship and trusteeship authorities. It is they who make the decision whether to give permission to a person to become a guardian or to refuse.

To obtain guardianship, a potential guardian must submit the following documents:

The guardianship and trusteeship authorities review these documents for two weeks, after which they collectively make a decision whether to allow or deny guardianship of the disabled person. During the review process, such a body may require additional documents, but this is done in exceptional cases.

It is important to know that persons who care for disabled people can spend their money only on the needs of the latter. If inspectors of guardianship services, who carry out constant monitoring, identify violations and abuses, such people are deprived of guardianship.

Who cannot be a guardian?

Despite the fact that the process of registering care for disabled people is not very difficult, the state has established clear criteria, failing which it is impossible to become a guardian of a disabled person.

Who cannot obtain guardianship:

All other persons can safely file for guardianship.

Important! In case of an unreasonable refusal, a person can go to court and, by a court decision, oblige the guardianship authority to formalize this right.

Persons who decide to obtain guardianship can count on financial assistance from the state, only if they are officially unemployed and have no income at all. Otherwise, assistance will not be paid to them.

Payments due to guardians

One of the main questions that guardians are interested in is how much they pay for guardianship. In order to understand this issue, you must immediately answer that guardians are divided into two groups, and depending on this they receive cash.

Unfortunately, these payments, unlike others, have not been indexed since 2008. This in some cases discourages people who want to care for people with disabilities.

Documents required to process payments:

Due to this assistance The Pension Fund pays, then it will decide on payment.

Important! If it is determined that the guardian was assigned this payment, but he provided false information and deceived the state, the funds will be recovered through the court in favor of the state, and the person may be deprived of guardianship and held accountable for fraud.

Talking about monetary reward for guardianship, one conclusion can be drawn. When caring for disabled people of the first and second groups, non-relatives can count on monthly assistance in the amount of 1,200 rubles, regardless of the group. When caring for a person with a third disability group, assistance is not provided.

Relatives can count on 5,500 rubles monthly assistance in case of caring for a disabled child or a relative who does not have the necessary length of service. There is nothing for the third group.

Guardians can be legal entities, but in this case a different procedure for registering such a right is provided, and legal entities cannot count on any payments from the state.

Payments for guardianship of a group 2 disabled person are small, but they help in the good cause of helping people with disabilities.

Who can assume the right to care for such people, and how guardianship is formalized, read our article.

Who applies

Disabled people are citizens who have some limitations due to physical or mental disorders. This status can only be obtained after passing a special examination. The presence of the latter gives the citizen the right to certain benefits and payments.

Group 2 disabled people include people with moderate impairment functions of the body, that is, with restrictions in:

movement;

communicating with people;

orientation and perception of the surrounding world;

training and work.

In other words, a group 2 disabled person is able to take care of himself, but is not capable of full life activity due to a number of disorders in the body.

Please note: disabled people of group 2 are considered capable of working, but have some restrictions related to their health status.

Documentation

If a disabled person believes that he needs help with Everyday life, he can ask for guardianship over him.

This is possible only with the consent of the guardianship authorities and the infirm person, if he is mentally healthy.

If a disabled person is declared incompetent by a court, guardianship is forced.

Please note: a guardian can only be individuals: legal organizations can only count on it if they are engaged in treatment narrow spectrum diseases.

Only the guardianship and trusteeship authority can appoint a guardian. He makes sure that the guardian meets everyone necessary qualities: had no mental or financial problems, had no criminal record, etc. This is extremely important, since the weak often cannot resist healthy people and will not be able to take care of themselves.

First of all, the guardian must collect a number of documents:

passport and TIN, as well as write a letter with your autobiography;

medical certificate of health and from a psychiatrist;

document confirming income;

certificate of no criminal record;

references from work or neighbors, consent of family members to the citizen taking guardianship;

an act on the inspection of the apartment and its compliance with established standards.

It is also necessary to provide documents of the disabled person:

passport and TIN;

a certificate of pension amount and an extract from the house register about the place of residence;

a document confirming the presence of any valuable property;

a court decision declaring a citizen incompetent, if necessary.

In other words, the guardianship authorities must be sure that the trustee does not lay claim to the money and property of the infirm, is mentally healthy and is able to take care of him. In some cases, other documents may be required if the papers described above are not enough.

Guardians of a group 2 disabled person do not receive any additional benefits, but they can count on some payments. For 2016, the amount of payments is 5.5 thousand rubles. At the same time, the crippled person himself receives an additional pension and is entitled to a number of benefits.

When arranging guardianship for a group 2 disabled person, you must remember that this action is a right, but not an obligation, and therefore you should not expect any special concessions. However, to obtain this right, a citizen must prove that he can help a disabled person and does not pursue any selfish goals.

Watch the video in which a specialist talks about how to obtain guardianship over incapacitated citizens: