Payments to guardians of group 2 disabled people. Guardianship of an incapacitated disabled person: what benefits are available to guardians. The concept of disability and the procedure for registering guardianship

Not only children who have not reached the age of majority are in need, but also some adults who are not able to take care of themselves. The question of how to obtain guardianship over a group 2 disabled person is far from uncommon. Knowing all the nuances of a delicate issue is the responsibility of those who are going to deal with it.

It is difficult for disabled people of group 2 to cope without help

A disabled person is a person who has serious impairments in health or the body as a whole. Because of them he cannot lead full image life like everyone else ordinary people. Such disorders include diseases of the following categories:

• mental;
• physical;
• mental;
• sensory.

It is extremely difficult for such people to cope without any help. For this reason, the legislation of the Russian Federation has introduced a regulation according to which it is possible to treat people with disabilities.

Important! Only a legally capable person who, at the time of registration, has no criminal record for crimes that could cause intentional harm to the health or life of a person is allowed to become a guardian of a disabled person.

Those citizens who once were cannot expect to become guardians either. To obtain guardianship, consent from the incapacitated person alone is not sufficient. The guardian must be an adult and have the qualities necessary for care and guardianship.

Features of registration of guardianship

Disability can arise for various reasons

First of all, you need to have an idea of ​​which people from the country have the right to custody. These include patients who have persistent disorders in their body, acquired as a result of injuries or illnesses; defects can also be congenital.

It is necessary to distinguish between mental and physical disabilities. Each of them, when designed, has its own distinctive features. It often happens that a disabled person remains legally competent. This is only possible in case of violations in physical condition health. In this situation, the registration of patronage guardianship is allowed.

In this case, the appointed trustee provides due assistance to the ward on all everyday issues, as well as when committing various actions and questions on behalf of the disabled person, representing his interests.

In the case where a disabled person has mental disorders, full guardianship is established over him. However, first you will have to go to court to establish the fact that the patient lacks legal capacity. As soon as the court decision comes into force, you can begin to formalize guardianship over a group 2 disabled person.

In such a situation, the guardian is obliged to provide the daily needs, care of the disabled person, manage the property belonging to him, and also represent the interests of the ward in all matters.
All cash The ward is in the possession of the guardian, but the guardian must regularly provide written reports to the relevant authorities regarding exactly where this money is spent.

Who can become a guardian

Application: sample

Adult, able-bodied citizens can count on registration of guardianship and trusteeship. However, the list of requirements is not limited to these parameters; it is much broader, so not everyone can become a guardian.

It is important to provide evidence regarding the ability to cope with all caring responsibilities. It is unacceptable to appoint as guardians those people who are aimed at obtaining financial benefits by spending the funds received exclusively on themselves.
A citizen applying for guardianship must meet the following requirements:

• reaching adulthood;
• capacity;
• have a desire to become a guardian of an incapacitated citizen;
• the necessary personal qualities must be present;
• having suitable housing conditions for care;
• enough high level income;
• have good health;
• obtain consent from all family members if the incapacitated citizen will live in the family of the guardian.

Only if all these conditions are met can it be said that the citizen will be able to cope with his responsibilities perfectly.

Who is most likely to be denied guardianship?

Relatives often become guardians

Those people who are related to the incapacitated patient have an advantage. The closer the relationship, the faster it will be possible to obtain guardianship.

In cases where it is impossible to appoint a guardian for a disabled person, the latter is sent to specialized institutions or social institutions.

The following categories of citizens may be denied guardianship:

• deprived of parental rights;
• having alcoholic or;
• if the potential guardian has diseases that can interfere with the normal performance of his duties;
• having a criminal record under articles for causing harm to human health, leading to severe injury or death;
• without a stable income;
• in the event that there is no housing suitable for caring for disabled people and meeting all sanitary requirements.

Forms of possible guardianship over a disabled person of group 2

If the disabled person is competent, that is, he does not have any mental illness, it is possible to provide him with care in the form of foster care. In this case we're talking about on the provision of assistance by the guardian in resolving everyday issues and representing his interests.

In the case of a mental disorder, it is no longer patronage that is established, but full-fledged guardianship. After a disabled person is declared incompetent by the court, a guardian is assigned to him, who is entrusted with responsibilities not only for his care, but also for providing for his daily needs, as well as managing his property.

Documents required for registration of guardianship over a disabled person of group 2

Only adult citizens can become guardians

When filing an application for guardianship, it is also necessary to provide a number of documents from both representatives.

Guardian documents

• identification document (usually);
• income certificate;
• characteristics from the place of work;
• , confirming the state of health;
• a certificate confirming no criminal record;
• autobiographical information;
• consent to guardianship from other family members, provided in writing;
• act of inspection of the place of residence;

Documents of the ward

• passport;
• certificate of pension amount received from the Pension Fund;
• document confirming disability;
• court decision regarding legal capacity;
• If a disabled person has real estate, then you need to provide documents confirming it.

Important! All documents must be copied.

Registration procedure

For different groups disability, the procedure for obtaining guardianship does not have any significant differences. Initially, you should start preparing the necessary documentation confirming that the candidate for guardianship has all the necessary parameters and features in order to properly cope with the tasks assigned to him. If guardianship is arranged by a relative of a disabled person, the procedure is greatly simplified and accelerated.

Important! Official guardians can count on receiving special payments from the state.

Amount of payment for caring for a disabled person of group 2

Guardianship is a big responsibility

Financial resources for these needs are allocated from the regional as well as the federal budget. Their size may vary depending on the disability group to which the ward is classified. Largest funds allocated to disabled children.

Many people are interested in the question of how much money can be received if guardianship is issued for a group 2 disabled person. In such a situation, a clear answer can be given regarding the care of disabled children under 18 years of age. The amount of payments is 5,500 rubles as of 2016.

Not every person is given the opportunity to become a guardian of a citizen with disabilities. A potential applicant must have a number of important requirements; special preparation is required; only after this can the process of registering guardianship begin.

Guardianship of incapacitated citizens is the topic of an educational video:

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;
• the 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. They are dealing with the issue of registration 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 authority 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 money.

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

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 of monthly assistance in the case of caring for a disabled child or a relative who does not have the required work experience. 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.

Legal regulation

The guardian or assistant most often becomes one of the close relatives of the disabled person.

How to obtain guardianship over a disabled person of group 2

If they are not there or they do not want to take on additional responsibilities, then the guardianship and trusteeship authorities take care of them. Specialized medical or social organizations where a disabled citizen is placed can also act as guardians or assistants.

How to obtain guardianship

The procedure will be as follows:

No benefits or social payments There is no provision for guardians of disabled people. Only in cases where the carer is forced to leave work to provide care will he be paid a very modest carer's allowance. But even if we are talking about a child or an old man. Patronage may be paid if these are the terms of the agreement concluded between the disabled person and his assistant.

Read also:

• identification document of the applicant;
• autobiography;
• information characterizing the applicant from the place of work;
• certificate of no criminal record;
• medical report that the person does not have diseases that prevent him from fulfilling guardianship duties;
• a document confirming that a home inspection has been carried out;
• written consent of family members for guardianship.

• passport;
• certificate of recognition of a citizen as disabled;
• court decision on incapacity;
• certificate from Pension Fund about the amount of pension;
• extract of ownership of real estate and information about movable property;
• extract from the house register.

Documentation is submitted in originals and photocopies.

Until what age can you be a guardian of a disabled person in Belarus?

The appointed guardian performs certain duties: cares for the patient, represents the interests of the ward, and exercises certain permitted powers. What is guardianship for a disabled person? Guardianship - form social protection interests and rights of citizens who are unable to do this on their own. Not only physically unhealthy citizens, but also those recognized by the court as legally incompetent are subject to guardianship.
The main responsibilities of guardians include:

• providing care for the ward;
• protection and management of existing property;
• taking care of physical and mental health.

Features of guardianship:

• Established by decision of the head of the body local government, no court decision is required. The exception is cases of establishing guardianship over disabled people according to mental state health.

Guardianship of a disabled person of groups 1 and 2, how much do they pay, how to apply?

An adult, but worse than a child: how to obtain guardianship over an adult The interfax.by portal has already written about the intricacies of establishing guardianship or guardianship over children and adolescents. But there are situations when an adult needs a guardian. Adults who have been declared incompetent or have limited legal capacity can be taken under guardianship and trusteeship.

The rules for establishing guardianship and trusteeship of adults were explained to an interfax.by correspondent by Natalya Mikhailovna, legal adviser of the 2nd Central District Clinic of the Frunzensky District. Guardianship of a disabled person of groups 1, 2 and 3 - what payments are due? In order to help disabled people, a term such as “guardianship” has been introduced. How and where can I obtain guardianship over a disabled person? Let's talk about this below.
To begin with, a disabled person must be recognized as partially capable.

How to obtain guardianship of an elderly person, documents for guardianship

Attention

This fact is established in court. See also: Benefits for young professionals One of the types of guardianship is patronage. Patronage is the protection and representation of the interests of a person who is unable to do this independently due to certain characteristics. For example, patronage of a blind person or a person without arms and legs.

The procedure for registering guardianship over a disabled person of groups 1 and 2

In essence, the assigned assistant performs actions that the ward is unable to perform independently. For example, he signs papers if the ward has no hands, or makes purchases if the ward is blind. Only full guardianship is granted to an incapacitated person.

How to obtain guardianship over a disabled person of groups 1 and 2

Legal advice, legal assistance from a lawyer, legal services, representation in court I am the guardian of my incompetent mother, born in 1922. , who is a participant and disabled person of the Second World War, group 3. I learned about the duties and rights of a Guardian from the Internet.

Guardianship of a disabled person

But for guardianship, a person receives money from the state, and not from the disabled person himself. 3 groups Registration of guardianship over disabled people of the third group does not imply any special differences. The registration procedure and documentation are similar to the registration of the second group. The ward's consent to the action is also required. He also has the right to transfer the right to use funds and property to his trustee.

Child Guardianship of a child in 2017 is a simplified registration system and loyalty to each guardian. The action is accompanied by the permission of the parents and the consent of the child if he has reached the age of over 10 years. In case of age less than specified, consent is also asked, but is not taken into account. The decisive moment here is the decision of the guardianship and trusteeship authority.

An adult, but worse than a child: how to obtain guardianship over an adult

To obtain it, you must contact social security as soon as a decision is made to satisfy the claim for guardianship. To receive benefits, you must provide an application, a passport and a document confirming the registration of guardianship. On this moment for guardianship of disabled people they pay 1,200 rubles, regardless of the group.

If this is a minor child, then they pay an allowance of 25,000 rubles, which the guardian can dispose of. Also, the trustee has the right to dispose of funds in the event that the ward is declared incompetent. All disabled people are entitled social package in the amount of 850 rubles.

Disability is a health disorder that deprives a person of the ability to work completely or partially. Most often, such citizens require constant supervision and care. Therefore, people close to them face the problem of how to obtain guardianship over a group 2 disabled person, as well as the search for other alternatives.

Guardianship, trusteeship, patronage

The law provides for three forms of assistance to people who are, to one degree or another, deprived of the opportunity to take care of themselves: This is the provision of such citizens in the form of guardianship or trusteeship and patronage. Let's look at the differences between these concepts.

Guardianship is established over completely incompetent people. These can be young (under 14 years old) children left without parents, or adults, but in respect of whom there is a court decision declaring them incompetent. Guardians perform all legally significant actions on their behalf.

Guardians are required for teenagers aged 14–18 years without parents and for those citizens whose legal capacity is limited by the court. Unlike guardians, trustees do not enter into transactions on behalf of others. Their task is to approve such actions or assist in the implementation of rights and obligations.

Patronage is established for adult capable citizens. If their health condition does not allow them to take care of themselves and exercise their rights and responsibilities, they can ask for an assistant to be assigned to them. Patronage is contractual in nature, unlike guardianship or trusteeship.

Legal regulation

Relationships related to placement and patronage are regulated by several regulations. General issues are discussed in the Civil Code, in Chapter 3, dedicated to individuals(to citizens). The same law regulates the provision of services when establishing patronage. For this purpose, the provisions on contracts of agency and trust management are applied.

The activities of guardianship and trusteeship are discussed in more detail in special law No. 48-FZ of April 24, 2008. It discusses not only the procedure for establishing these forms of placement, but also the mechanisms for monitoring the activities of guardians and trustees.

Guardianship and patronage of disabled people

The presence of disability and its group is determined by a special medical commission during a medical and social examination (MSE). The reason for the need for such a commission may be illnesses, injuries, wounds, etc. Group 2 disability implies not only permanent impairment of health, but also a very significant limitation of self-care capabilities and, in most cases, complete loss of ability to work.

This means that such a citizen needs social protection, including by providing him with assistance in performing many actions. This assistance can be provided in the form of establishing guardianship over him or assigning him patronage. The choice of form of assistance depends on the state of health.

To establish guardianship, proof of incapacity is required. This decision can be made solely by the court. The reason for treatment by relatives of a disabled person can only be a mental illness that has caused disability and prevents the person from understanding his actions. In this case, a medical report is sufficient; the citizen’s consent to establish guardianship is not required.

In those cases where the consciousness of a person who has received the 2nd degree of disability is intact, there can be no talk of establishing guardianship. Such a citizen has the right to decide for himself who to entrust his care to. That is, in such a situation, only patronage is possible on the basis of a concluded written agreement.

The guardian or assistant most often becomes one of the close relatives of the disabled person. If they are not there or they do not want to take on additional responsibilities, then the guardianship and trusteeship authorities take care of them. Specialized medical or social organizations where a disabled citizen is placed can also act as guardians or assistants.

How to obtain guardianship

The procedure will be as follows:

• go to court and declare the citizen incompetent;
• collect documents on the income, health status and lack of criminal record of the proposed guardian;
• obtain the consent of other relatives to establish guardianship;
• apply to the guardianship and trusteeship authorities;
• officially receive guardianship status.

Another difference between guardianship and patronage lies in remuneration.

There are no benefits or social payments provided for guardians of disabled people.

Guardianship of a disabled person of group 2 - payments, registration procedure and package of documents

Only in cases where the carer is forced to leave work to provide care will he be paid a very modest carer's allowance. But even if we are talking about a child or an old man. Patronage may be paid if these are the terms of the agreement concluded between the disabled person and his assistant.

Read also:

How to register a guardian in a municipal apartment

How to get guardianship over your father

Guardianship of a disabled person of groups 1 and 2

Benefits for guardians of disabled people of group 2

Tell me, please, what rights and benefits do guardians of group 2 disabled people have? disabled person over 80 years old! disabled person over 80 years old!

In the pension fund at the pensioner’s place of residence, apply for a benefit for caring for a pensioner from the age of 80. In Bashkiria it is 1380 rubles. The money goes to the pensioner's account. He then pays you himself as agreed. This can be done by unemployed citizens of working age who do not receive any money, i.e. schoolchildren over 14 years of age or full-time students.

You are confusing guardianship with caring for a disabled person. guardianship is formalized, appointed through a court over an incapacitated person, and in this case only the responsibilities will be assigned to you. registration for care, they pay 1200 + coefficient if there is one and it goes seniority. nothing more

No fees for custody. It is necessary to register with the Pension Fund for caring for an elderly person who has reached 80 years of age. For this, work experience is provided, and a care allowance of 1200 rubles is paid. The caregiver must not have any income.

How to obtain guardianship over a disabled person of group 2

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question for a lawyer

Hello Svetlana. Since you are going to formalize guardianship over a disabled person who is not recognized by the court on the basis psychiatric examination completely insane, contact the guardianship and trusteeship authorities of your area with a statement. An application for foster care must also be submitted by the disabled person himself.

You are required to present to the guardianship authorities a certificate of inspection of your living space by members of the housing commission, a certificate of income form 2-NDFL, a reference from your place of work and residence, medical card, signed by all specialists specified in the document. The card will be issued to you by the guardianship authorities. You must visit an oncologist, narcologist, psychiatrist, therapist, phthisiatrician, and present extracts from the AIDS center. The caregiver must be completely healthy.

The guardianship and trusteeship authorities will consider your application and appoint you as a trustee. You are required to make a full monthly assessment before guardianship of the health of your ward and the expenditure of his funds. At any time, at the request of a disabled person, your powers as a trustee can be removed.

If you do not work, you may be entitled to a disability benefit (Government Decree No. 343).

There are no more benefits when exercising guardianship; in fact, guardianship is carried out on a voluntary basis.

How to obtain guardianship for a disabled person

The rights of citizens with partial or complete incapacity (i.e. disabled people), as well as their interests, in our state are called upon to protect the institution of social care and trusteeship (hereinafter referred to as SOP).

The issue of where to register guardianship has been resolved - in the SOP. There remains one more thing, no less important than the previous one: how to arrange guardianship over a disabled person, an elderly person, a child, etc. what is needed for this and where to go?

Firstly, to become a guardian or trustee, you must comply with a number of formalities and meet certain conditions. So, you should:

Be competent and of age

Recognize the person over whom you wish to obtain guardianship as incompetent. Only a court can make such a decision. Incapacity can be established both in connection with physical disabilities (1, 2, 3 disability groups) and mental ones (regulated by Article 32 of the Civil Code of the Russian Federation). In the latter case, the court will order a forensic psychiatric examination, which will determine the degree of sanity and independence of the person. The SOP can also appoint a psychoneurological boarding school as a guardian; in the latter case, the property of the ward goes to the medical institution

Collect a list of documents and certificates necessary for registration of guardianship or trusteeship

Contact SOP with a corresponding application.

Secondly, it is necessary to take into account that the forms of protection of the rights and interests of citizens vary greatly. So,

Guardianship is issued over incapacitated or minor (under 14 years of age) persons, the rights to property are transferred to the guardian

Guardianship is issued over temporarily incapacitated citizens who cannot protect their rights themselves due to health conditions (for example, they are visually impaired), over minors (from 14 to 18), over those limited in legal capacity by a court decision (due to drug or alcohol abuse drinks, etc.) and some other categories of citizens.

Guardianship of minors is also classified:

Paid

Free.

There is a special type of guardianship - patronage. Implemented in the case of a citizen’s legal capacity, but his inability (temporary or permanent) to fulfill his duties and protect his own rights. The property is managed by a trustee. The basis for this is a concluded agreement or assignment, or trust management. In addition, the trustee has the right and obligation to carry out “everyday” transactions and others, the purpose of which is to satisfy natural needs ward. However, it should be taken into account that in order to carry out such transactions, it is again necessary to obtain the consent of the ward.

A trustee or guardian has a number of duties, failure to fulfill which entails liability:

Property care

Taking care of your health

In the case of guardianship of a minor, his education and upbringing

Regular (usually annual) financial report if received by the guardian cash assistance from the state.

First you need to collect documents. The list of documents depends on the group to which the future ward belongs, on the form of guardianship and some other factors.

Registration of guardianship is a long process, not without some nuances and pitfalls. By contacting us, you will receive a number of current benefits:

Detailed information (guardianship over a disabled person of group 1, group 2, group 3, guardianship over a disabled child, etc.) with links to current articles and laws

Qualified assistance from experienced lawyers

Assistance in writing applications, communicating with the court, collecting, receiving necessary documents and certificates.

Early retirement pension in old age for parents of disabled people since childhood and guardians of disabled people since childhood

In accordance with subparagraph 1 of paragraph 1 of Article 28 of the Federal Law on Labor Pensions in the Russian Federation dated December 17, 2001 No. 173-FZ, an old-age labor pension is assigned before reaching the generally established retirement age:

1. one of the parents of disabled people from childhood, who raised them until they reach the age of 8 years (for men - upon reaching the age of 55, for women - upon reaching the age of 50, if they have an insurance period of at least 20 and 15 years, respectively)

2. guardians of disabled people from childhood or persons who were guardians of disabled people from childhood, raising them until they reached the age of 8 years. They are assigned an old-age labor pension with a reduction in the generally established retirement age by one year for every one year and six months of guardianship, but not more than five years in total, if they have an insurance period of at least 20 and 15 years, respectively, men and women.

The law distinguishes between the concepts of “disabled child” and “disabled since childhood”. The category “disabled child” is established for persons under 18 years of age, and disability from childhood is established upon reaching this age.

A document confirming that a child is (was) disabled is an extract from the examination report issued by the federal government agency medical and social examination. Also taken into account are medical reports from health care institutions previously issued in accordance with the established procedure recognizing a child as disabled or an extract from an examination report by a medical-labor expert commission recognizing a person as disabled since childhood.

As a document confirming the fact of raising a child up to the age of eight, a certificate from housing authorities or local authorities or other documents containing the required information is presented, and in necessary cases– a court decision establishing this fact.

When determining the right to an early old-age pension, it does not matter whether the child is disabled at the time the pension is established for his parent. That is, there may be cases when disability from childhood is established after the child reaches 18 years of age; however, this does not deprive him of the mother or father who raised him. of this child(later recognized as disabled since childhood), the opportunity to receive an old-age pension early. The period during which a child must have a disability for his parents to acquire the right to early pension provision, indefined. Consequently, this period may be extremely short.

Along with natural children, disabled children adopted before reaching the age of eight can also be taken into account.

If the parents of a disabled child are deprived of parental rights, the right to early pension provision is lost.

The current pension legislation determines that the recipient of early labor pension according to old age, on the basis under consideration, there may be one of the parents (mother or father) of a child disabled from childhood (disabled child). Consequently, in the event of a mother transferring from an early retirement pension in connection with raising a disabled child from childhood (disabled child) until he reaches the age of 8 years to another type of pension or termination of payment of the specified pension to the mother in connection with her death, the father may be assigned the specified pension for the same child. In addition, the assignment of an early labor pension according to the norms of subparagraph 1 of paragraph 1 of Article 28 of the Law of December 17, 2001 No. 173-FZ to the father is possible regardless of the fact that the recipient of the pension on the same basis is the mother, if there is another disabled child in the family from childhood (a disabled child), and his father raised him until he reached the age of eight.

In accordance with Article 145 of the Family Code of the Russian Federation, guardianship is established over children left without parental care (due to their death, deprivation of parental rights, recognition as incompetent, illness, etc.), for the purpose of their maintenance, upbringing and education, and also to protect their rights and interests. Guardianship is established over children under the age of 14 years.

According to Article 32 of the Civil Code of the Russian Federation, guardianship can also be established over citizens recognized by the court incapacitated due to mental disorder.

The right to an early old-age pension is granted to guardians of disabled people since childhood, who are such at the time of applying for a pension, as well as persons who were previously guardians of disabled people since childhood, but are not such at the time the pension is assigned.

To acquire the right to a pension for guardians ( former guardians) it is necessary that they educate disabled people from childhood until they reach the age of eight.

When assigning a pension to guardians, it does not matter whether the child’s disability was established before or after he reached the age of eight, but it is necessary that guardianship be established before this moment. At the same time, to reduce the retirement age (by one year for a year and a half of guardianship), those periods when the child was disabled since childhood (disabled child) are taken into account, while at the same time the guardian had the appropriate status during these periods. Periods of care for a disabled child (according to general rules from 14 to 18 years old) are not taken into account.

Guardians of disabled people since childhood will receive a tax break on cars

Moscow, March 19 – RIA Novosti. At a meeting on Wednesday, the Moscow City Duma adopted a bill exempting guardians of disabled people from childhood from paying transport tax in Moscow.

“At the same time, there is such a category of persons as incompetent disabled people since childhood, who by virtue of the law do not have the right to acquire and exercise civil rights and obligations through their actions. Responsibilities for maintaining incompetent disabled people since childhood are assigned to guardians. However, the legislation does not contain a ban on use by guardians of their own property, including those registered in their name Vehicle“, said Moscow State Duma deputy Irina Velikanova at a meeting of the capital’s parliament.

Benefits for disabled people from childhood in 2014

People whose disability occurred before their labor activity, before the age of 16 (or for persons undergoing training - up to 18 years), are called disabled since childhood. A disability group is not assigned to children.

Disability since childhood is mentioned as a cause of disability, but not as a category of disabled person. Upon reaching 18 years of age, a person is assigned a disability group.

Children with poor health are provided with a social pension and have the right to receive necessary medications free, taken as prescribed by doctors, right to funds medical rehabilitation, are provided almost out of turn (in the front rows) with places in preschool, health or medical institutions. Benefits are provided for mothers or other persons (usually guardians) involved in raising a disabled child. An unemployed but able-bodied person who is engaged in necessary care for a disabled child who has not yet turned 16 years old, compensation is established in the form of 60% minimum size wages.

A mother who has raised a disabled child until he reaches the age of 8 years is accrued a pension upon reaching 50 years of age, provided that her total work experience is more than 15 years inclusive.

The total length of service includes (at the level of working hours) the period of time required to care for a child with disabilities, if such permanent care is provided for by the conclusion of the medical institution.

Labor legislation also provides benefits for a working parent or guardian of a disabled child.

A child with disabilities and one person accompanying him or her have a special right to travel on any type of public transport (except taxis) free of charge.

Families that include a disabled child are provided with a subsidy in the form of payment of 50% of the cost of rent (if the housing is state or municipal), as well as compensation in the amount of 50% of utility bills, provided that the property belongs to the resident. The fund is not affected in any way. In addition, there is a 50% compensation for the use of telephone and radio.

Our state takes under its care physically unhealthy persons, as well as people with mental disabilities.

According to the law, such citizens must be under the supervision of a guardian who performs certain duties: represents the interests of the disabled person, takes care of him and has certain powers.

But not everyone knows what guardianship over a disabled person of groups 1 and 2 is and how much they are paid for guardianship in 2019.

Guardianship is a form of social protection of the rights and interests of disabled citizens who find it difficult to do anything on their own. This category includes physically incapacitated and unhealthy persons.

The fact of guardianship is established by the head of the local government body, who exercises control over the performance of the duties of the guardian. It is permissible to appoint only one trustee per sick person.

In cases of establishing guardianship over people with mental disabilities, a court decision declaring the person incompetent will be required.

According to the age:

• guardianship of disabled children;
• guardianship of disabled adults.

For health:

• care of persons with physical disabilities;
• guardianship of incapacitated persons.

Upon payment:

• gratuitous, that is, guardianship occurs free of charge;
• paid, when payment for guardianship is received from funds from the regional and federal budgets.

By group:

• 1 disability group;
• Disability group 2.

The responsibilities of guardians include:

• caring for the ward;
• taking care of his physical or mental health;
• management of the patient’s property and its protection.

A capable disabled person without psychological disabilities is provided with a patronage assistant, that is, if a person, due to certain circumstances, cannot independently perform any actions, the guardian represents his interests and protection.

Thus, patronage is established over a person without limbs or over a blind person, performing for them actions that they are not able to perform themselves.

The designated assistant can sign papers for the ward if he is handicapped or make purchases if the ward is blind.

Mentally ill persons are recognized as disabled, which must be confirmed in court. Such a person is entitled to full guardianship, that is, the assistant performs actions or makes decisions for the ward.

Sometimes, under the guidance of a guardian, a disabled person can cope with simple manipulations: cleaning, taking out the trash, washing the dishes.

Guardianship or patronage of a disabled person can be obtained by a person who meets the following requirements:

When considering a candidate, his personal qualities and health status are taken into account. The trustee bodies are provided with a doctor’s report, characteristics from the place of work, and you can attach reviews from friends.

Registration of guardianship is carried out by a citizen who wishes to take on the responsibilities of caring for a disabled person. If there is no such person, then the board of trustees itself appoints a guardian.

Disability of groups 1 and 2 is assigned to persons who have completely or partially lost their ability to work.

It becomes impossible for a person to perform normal functions, such as when a hand is amputated.

Work can only be done by people who are aware of their actions.

The indicators for establishing group 1 are:

• inability to move independently without special devices for this;
• inability to self-care and complete dependence on the caregiver;
• in case of mental disorder, inability to control one’s behavior;
• inability to communicate and navigate in space.

Group 1 is assigned to seriously ill people with pathology and only after a medical examination. Increased benefits are provided for this category of guardians pension payments And a large number of benefits.

To register guardianship of a disabled person, you need to go through a verification procedure and collect all the documents; this will only take a few days.

To assign guardianship to a disabled person, you must first obtain a group. If a person is not mentally healthy, then to recognize his incompetence it is necessary to submit an application to the court.

The following have the right to apply to the court:

1. Relatives. You will need documents confirming family connection with the patient.
2. A medical institution that will confirm psychical deviations in an incompetent person.
3. Child protection.

The judge appoints an independent examination. Availability mental illness determined by medical specialists.

The court decision is made based on the conclusion received and is sent to the board of trustees for information.

The interested person has the right to receive a court decision and take it into custody independently.

If a citizen over whom guardianship is required has physical disabilities, then his degree of disability can be determined by medical and social examination. To do this, you need to contact a medical institution.

If the disability group has already been established, then you must contact the guardianship council with all the necessary documents.

If there are no applicants from relatives or friends, the government agency independently appoints a guardian.

From the disabled person:

From the candidate's side:

• passport;
• autobiography;
• certificate of no criminal record;
• information from the place of work characterizing the applicant;
• written consent of family members;
• a document confirming a survey of housing conditions;
• medical certificate that the applicant does not have serious illnesses.

All documents are submitted in originals and photocopies. The guardian is issued a certificate if the decision is satisfactory. He will receive the refusal in writing with justification of the reasons.

Reasons for refusal include:

Payments to guardians are regulated by:

Video: How to arrange care for a disabled person of the first group

How much does a guardian receive for helping a disabled person of group 1?

Such guardianship is paid in the amount of:

• 5 thousand 500 rubles – for caring for a disabled person of group 1 from childhood;
• 1 thousand 200 rubles – if the disability was acquired during life.

If the guardian is a parent, then the disabled person is entitled to a social pension of 10 thousand 337 rubles, and if the parent does not have official employment, he is paid 60% of the minimum salary.

Video: Payments for the care of pensioners, disabled people, disabled children and disabled people from childhood, group 1

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

The procedure for registering guardianship over a sick person of group 2 does not differ significantly from the registration of guardianship for group 1.

You should also start collecting all the necessary documentation. The procedure is much faster and simplified if patronage is provided by a relative of a disabled person.

Not every person has the opportunity to become a guardian of a person with disabilities. The candidate must have a number of important requirements, which are verified by the guardianship authorities, after which the registration process can begin.

Payments to the caregiver of a group 2 disabled person are not due. Instead of remuneration, the guardianship authorities may allow the ward's property to be used free of charge in their own interests.

In accordance with Art. 15 Federal Law“On guardianship”, the board of trustees has the right to authorize the payment of remuneration to the assistant from the funds of the ward, which were received from income from the rental of property, as well as from the funds of third parties, the federal or regional budget of the Russian Federation.

• providing a 50% discount when paying for housing and communal services;
• social services free of charge;
• benefits when receiving education;
• discounted travel on public transport.

A disabled person is entitled to 2 groups cash payments at the rate of:

• 3 thousand 600 rubles – disability pension;
• 2 thousand rubles – monthly payment;
• 839 rubles – social package.

The patronage trustee has the right to manage money in the interests of the disabled person, but not to spend it on his own needs, otherwise the guardianship will be removed.

He must report all expenses by filling out a special form. Failure to comply with this annual obligation may result in loss of guardianship rights.

Disabled children are entitled to the following social pension:

• 10 thousand rubles. – disabled child of group 1;
• 8.6 thousand rubles. – Group 1 and disabled people of Group 2 from childhood;
• 4.3 thousand rubles. – disabled people of group 2;
• 3.6 thousand rubles. – disabled people of group 3.

• 5 thousand 500 rubles – for a child’s disability since childhood, regardless of age;
• 5 thousand 500 rubles – for child care until he reaches adulthood.

Allotted funds are paid to able-bodied but non-working guardians.

Benefits for guardians of disabled children are assigned the same as for guardians of group 1 disabled people, and they are also entitled to receive land plot and housing.

An unemployed guardian is entitled to 60% of the minimum benefit.

In accordance with the Federal Law “On Labor Pensions in the Russian Federation” No. 173, early labor pension is assigned to persons below retirement age:

The status of “disabled child” applies to persons under the age of majority; the category “disability since childhood” is awarded upon reaching 18 years of age.

To do this, you need a document confirming that the child was disabled. Such an extract is issued by a federal government organization that conducts medical and social examinations.

For the early assignment of a labor pension, it is necessary that the trustee raise and support the disabled child until he reaches 8 years of age.

If the parent of a disabled child has been deprived of parental rights, then he loses the right to early provision of a pension.

When assigning a pension, it does not matter whether the child had a disability before or after the age of 8, but it is important that guardianship was established before this point.

Video: Early pension for guardians and parents of a disabled child