Guardianship in civil law is a form of protection of the rights of citizens who, because of their age or health status may not participate independently in civil relations.They are necessary for persons found incompetent by a court, as well as for minors who have no parents or adoptive parents, or they shy away from raising children, deprived of parental rights, and for other reasons.
Guardianship of minors is set for protection of their rights due to age characteristics.In this first form applies to minors and incapacitated citizens in connection with mental disorders.The legal representative of such persons is carried out in their interest to legal actions in favor guardian appointed by the guardianship authority.The second form is used for juveniles 14 years and people with a limited capacity for the abuse of alcohol or drugs.Representatives of these entities are the trustees that assist in the implementation of rights and performing their duties.
functions to provide forms of protection such as guardianship, are assigned to the relevant departments of the executive committees, the tasks of which are:
- identification of persons in need;
- establish forms of protection of the rights;
- implementation of protection of their rights;
- overseeing the performance of the duties assigned
- guardians and trustees;
- test conditions, which are home to the wards;
- monitoring the management and preservation of property of persons under guardianship and trusteeship.
for establishing guardianship and trusteeship candidate must provide:
- application;
- copy of the passport;
- title documents for housing (up);
- characteristics of the place of residence and work;
- income statement;
- medical report the health status of the candidate;
- criminal record;
- certificate of non-communicable diseases and mental health;
- written consent of all adult family members.
may be needed:
- court decision on deprivation of parental rights;
- death certificate of parents;
- pension certificate;
- written consent of the minor, and others.
guardian or trustee is appointed no later than a month after the identification of the future of the ward.Most often these persons are relatives (grandparents, sister, brother, etc.), others less.They are appointed with the consent of the ward, are obliged to live together, to create the necessary conditions of life, if necessary, to care and treatment, to protect the rights and interests.
guardianship in the event of their establishment, may be appealed by the person concerned in court.This feature is required by law to ensure the interests and rights of the minor or incapacitated, in which they are installed.
guardian may, on behalf of the ward to carry out various transactions and conclude contracts.The Trustee also acts along with the ward.Expenditure on the latter shall be reimbursed from the funds.This may be a pension, alimony, etc.Report on asset management should be provided in writing each year to the annex, the supporting documents (checks, receipts, etc.).When guardianship ceases to establish their authority provided a report on the education of the ward and the management of its assets.In case of revealing the facts of leaving the latter without the aid, as well as using their own gain his property, those responsible can be prosecuted.
