In each country there is a category of adults who, due to physical ailments, are not able to independently carry out domestic, legal and other functions. They need help that can be obtained through patronage of an elderly person. To reduce the time to receive this service, you need to know the procedure for its design, the rights and obligations of both parties.
The essence of patronage
This concept was previously considered as a type of guardianship (a special form of protection of the rights of certain groups of citizens), but over time it became an independent type of support in the legal field. Today patronage (from the French patronage - “aiding”) is the provision of assistance to adult citizens who cannot independently fulfill their duties and assert their rights due to physical ailments. In the legal field, there is a procedure establishing how to arrange patronage over an elderly person.
Legal basis
The provision of such a service is regulated by Art. 41 of the Civil Code of the Russian Federation and federal law 48- “On Custody and Guardianship.” These acts define the procedure for establishing relations between a person who needs help and those who are ready to act in his interests, namely: the first document reveals the design features of this service, determines which particular categories of the population can apply for this type of assistance, and also indicates that the whole process should be monitored by the guardianship and trusteeship authorities located in the village in which a person lives, the law on patronage of older people contains the basic conceptual framework on this topic, regulates the framework beyond which the agreement ceases to function, contains information on the peculiarities of disposing of property of wards, monitoring the implementation of the functions of an assistant appointed to the person and indicates ways of state support.
Help clearance
The purpose of the service has the following procedure:
- If a citizen begins to wonder where to apply for patronage over an elderly person, it is necessary to contact the guardianship authorities in the village where the person lives. There, a citizen in need of support must submit an application in the established form with a request to appoint an assistant who will perform the agreed functions in favor of the elderly person. He must also confirm the limitedness of his functions by a medical opinion.
- These authorities consider the submitted documents and determine the degree of need for patronage. If a positive decision is made within a month, an accomplice is determined for the citizen.
- If the applicant is satisfied with the applicant, then the future assistant also submits documents to arrange patronage over the elderly person. After their consideration and approval, the above authorities shall notify the applicant in writing. Then the employee of the institution prepares an appropriate order and sends it to both parties for review.
- Next, the people who will interact must sign a common document (agreement), in which their rights and obligations in relation to each other will be determined. After legal relations are formalized, the independence of the individual to whom this type of assistance will be provided remains in resolving any issues, and the trustee acts as a trustee and fulfills his duties under the signed legal act. The responsible authorities monitor the quality of the patronage of an elderly person (up to 80 years and after), while informing the applicant about violations that may be grounds for terminating the contract.
The care is terminated upon the expiration of the signed agreement, also at the request of the guardian (this happens if there are facts of violation of his rights or the guardian does not meet due to his personal qualities in this position) or if the trustee asks, citing good reasons. The reason for the suspension of the operation of the contract is the death of one of them. Guardianship authorities may stop providing assistance to an elderly person in case of improper performance by an assistant of his duties.
If a person with disabilities, who is under patronage, submits to the regulatory authorities an application for termination of assistance from his accomplice, while he indicates facts of breach of contractual relations or inappropriate fulfillment of his duties, this information is checked, which ends, as a rule, with a rejection assistant services. If the trustee does not agree with the decision made, he may appeal to the court in order to resume patronage on the basis of his evidence. But, as practice shows, such cases have an unsuccessful outcome, because the guardianship and trusteeship bodies, as a rule, prohibit the trustee from continuing his activities on the basis of good reasons.
Agreement - the basis of relations
To begin the implementation of patronage over an elderly person, a document regulating the relationship between the parties is signed between the ward and the trustee. As a rule, this is a contract of assignment, trust, life-long dependency or mixed. It can be signed for a fixed term or be unlimited. The trustee's terms of reference can be broad (assistance in general) and limited (it provides for the fulfillment of specific duties, for example, the purchase of products, hygiene procedures, and cleaning of the apartment). An elderly person's patronage agreement can be paid and unpaid, and not all types of assistance, but some, can be funded. It is also allowed to transfer to the assistant as a reward for the use of property or the provision of counter services.
Guardian Documents
Patronage of an elderly person provides for the future assistant to submit to the appropriate authority the following documents:
- certificates that he is not sick with tuberculosis, is not registered with drug addiction and does not suffer from neuropsychiatric disorders (representatives of permitting bodies must be sure that the person making this service will be able to adequately assess the behavior of the ward and will not harm his health);
- characteristics from the place of work or study (this document is provided in order to provide an idea of the personal qualities of the trustee, because his diligence and integrity depend on this);
- the doctor’s opinion on the state of health (the execution of the instructions of the ward should be an accomplice in strength);
- a document confirming that he owns a living space or is a tenant (this is to make sure that the goal of providing services to the future trustee will not be to receive property in need of help).
It is necessary to take into account that each region has its own peculiarities of processing assistance. Therefore, to establish patronage over an elderly person up to 80 years, the list of requirements may be longer. It is regulated by the laws of the territorial district. In particular, the future guardian may be asked to provide a certificate from the pension fund, evidencing his income, identification code, as well as proof of the absence of a criminal record. After the assistant submits all the necessary documents, the guardianship authorities have a month to approve or reject him.
Choosing a Trustee
In such circumstances, you need to know who can care for an elderly person. In order to answer this question, it is necessary to understand the difference between the above type of assistance from guardianship. The latter is prescribed to people who have a court decision on disability, have a medical opinion on mental disorders, do not perceive reasonably reality and are not able to assess the consequences of their actions, which is why they have the right to complete care. In this situation, the guardian performs all types of work necessary for the full existence of a person. This is the solution of domestic issues, and the purchase of food, and hygiene procedures, monitoring the implementation of treatment of the patient, payment of utilities, disposal of property under the contract. He is also transferred the right to manage the finances of the ward at his discretion.
Patronage of an elderly person is allowed to a competent applicant who, due to physical health problems, cannot perform certain functions. In such circumstances, the appointed assistant helps them to decide, while he does not have the right to manage the property and finances of the ward. He can provide this type of service only in the case of a power of attorney drawn up for him or the specified powers within the framework of the contract.
The trustee is assigned mainly to native people. The Family Code of the Russian Federation states that it is children who have a civic duty to look after their parents and help them in every way. At the same time, older people even have the right to sue their children in court if they do not provide parents with any support. Therefore, if there is a choice, a close relative takes advantage, if those who need help do not have those, then an outsider will carry out patronage over an elderly person, whose candidacy is carefully selected by the guardianship authorities for guardianship, taking into account the state of health of the future accomplice, bad habits , previous convictions and his personal qualities. Only a social worker appointed to the needy to help with the housework cannot be a guardian.
In any case, the person who gives his consent to the implementation of patronage must understand the seriousness and complexity of this process. He must have endurance and high moral qualities, because this work does not provide financial rewards, therefore, participation in the fate of the ward is a conscious choice of a citizen, supported only by a sincere desire to help his neighbor.
Trustee Responsibilities
All rights and obligations of the person who has consented to the provision of this service are prescribed in the contract. When applying for patronage over an elderly person after 80 years, as well as over people of a mature age, this document clearly defines the scope and type of work that an accomplice should provide, his place of residence (on his living space or at his ward), ways of resolving legal, property, etc. . questions.
In general, the guardian, to a greater or lesser extent, performs the following duties:
- solving domestic and legal issues within the framework of contractual relations between the parties;
- familiarization of the ward with methods and results of solving all problems;
- disposal of human property at the level permitted in the general document;
- reporting to the guardianship and trusteeship bodies on the quality and quantity of services provided, the expenditure of funds of the ward and on ways to resolve property issues in his favor.
Assisting Human Rights
The trustee has the right to receive remuneration for his services, but only if it is prescribed in the contract.
In case of unplanned embezzlement incurred during the execution of instructions, the guardian may demand compensation from the ward. It is also necessary to know that the state provides financial remuneration for patronage of an elderly person after 80 years.
It should be borne in mind that the trustee is not automatically placed as the heir to the property of the ward. The latter can only at will wish to include an assistant in his will.
Payment for services
Often help is needed for very elderly people. If the trustee does not work and patronizes an elderly person over 80, he is entitled to compensation in the amount of 1200 rubles. In some regions of the country, due to severe climatic conditions, for example, the region of the Far North, the amount may be larger. This monetary reward is included in the form of a supplement to the pension of an elderly person, and he already transfers it to his trustee. In the case of patronage of an elderly person over 80 years old, recognized legally incompetent, the assistant receives an additional payment on their own.
If the assistant helps an elderly person whose age is above 80, he accrues seniority. Information on this issue is contained in paragraph 6 of Art. 11 Federal Law. If the ward has not reached this age, then the fixation of the length of service is not assigned to the trustee, even if he completely takes care of the person.
Sample charter document
The presented agreements are standard forms that, depending on the situation, are used to regulate the relations of the parties.
Order agreement
______________ "___" __________ 20__
__________________, (name of organization, name of citizen) __ hereinafter referred to as the “Principal”, represented by ______________________, (position, name, surname) acting on the basis of _____________________, (charter, regulation, power of attorney) on the one hand, and ________________, (name of organization, citizen's full name) __ hereinafter referred to as the “Attorney”, represented by __________________________, (position, full name) acting on the basis of _____________________, on the other hand, have concluded this agreement as follows :
1. Subject of the contract and obligations of the parties
1.1. The Principal instructs and undertakes to pay, and the Attorney undertakes to perform the following legal actions on behalf and at the expense of the Principal: _____________________________________________________________________________________________________________________________. Rights and obligations under transactions concluded by the Attorney in accordance with this agreement arise directly with the Principal.
1.2. The attorney is obliged to execute the order given to him independently. Transfer of execution of the order to another person is not allowed.
1.3. The Attorney is obliged to execute the order given to him in accordance with the instructions of the Principal, which should be lawful, feasible and specific, as well as the requirements of paragraph 1.1 of this agreement. The Attorney is entitled to depart from the instructions given to him by the Principal, if, according to the circumstances of the case, it is necessary in the interests of the Principal and the Attorney could not first request the opinion of the Principal or did not receive a timely response to his request.
1.4. The order specified in clause 1.1 of this agreement shall be deemed executed by the Attorney and payable by the Principal after the actual occurrence of the following circumstances: _______________________________________________________________ (specific legal circumstances, the occurrence of which entails the obligation of the Principal to pay for the services of the Attorney).
1.5. The Attorney is also obliged: to inform the Principal at his request all the information about the progress of the execution of the order; transfer to the Principal without delay all received on transactions completed in pursuance of the order; upon execution of an order or upon termination of this contract agreement before its execution without delay, return to the Principal a power of attorney whose validity has not expired, and in ____________ (term) submit to the Principal a written report with attachment of supporting documents, if required by the nature of the order. The following documents must be attached to the report of the Attorney: _____________________________________________________.
1.6. The Principal shall: issue the Attorney a power of attorney (powers of attorney) to perform legal actions provided for in clause 1.1 of this agreement, with the exception of cases provided for in the second paragraph of clause 1 of Art. 182 of the Civil Code of the Russian Federation, as well as transmit to the Attorney other necessary documents; reimburse the Attorney for the costs incurred and provide him with the funds necessary for the execution of the order; to accept without delay from the Attorney everything performed by him in accordance with this agreement; pay the Attorney a fee according to the rules established in section 2 of this agreement.
1.7. If this agreement is terminated before the order has been completed in full, the Principal is obliged to reimburse the Attorney for the costs incurred in executing the order, as well as to pay him remuneration commensurate with the work performed by him. This rule does not apply to the execution of the order by the Attorney after he learned or should have known about the termination of the order.
2. Remuneration of the attorney and settlement procedure
2.1.The fee of the Attorney (contract price) for the execution of the order of the Principal is ____________________ rubles. If the order is terminated before it is executed, the amount of remuneration to be paid to the Attorney in accordance with this agreement is determined by agreement of the parties.
2.2. Not later than ______________________ from the day the Principal accepts the report on the execution of the order, the Principal transfers to the Attorney's current account the entire amount specified in clause 2.1 of the agreement.
3. Responsibility of the parties
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- accompanying a person during walks in the fresh air;
- transportation of the ward to the hospital for procedures;
- special medical care services (if the trustee has the appropriate education);
- payment of utility bills;
- receiving and sending correspondence of an elderly person;
- walking animals and caring for them, etc.
If the relationship between the trustee and the ward provide for the disposal of the elderly person’s property by an assistant, then a trust management agreement is drawn up.
Contract No.
trust management of the property of a citizen under patronage
_______________ "__" ___________ ____
A citizen of the Russian Federation _________________ (full name of a citizen), passport of a series _____ N _______, issued __________________ from "__" ___________ ____, registered at: ____________________, in accordance with paragraph 3 of Art. 41 of the Civil Code of the Russian Federation, hereinafter referred to as ___ "Founder of Management", on the one hand, and Citizen of the Russian Federation _____________________ (full name of a citizen), passport series _____ N _______, issued __________________ from "__" ___________ ____, registered to the address: _________________________, hereinafter referred to as the “Trustee”, on the other hand, collectively referred to as the “Parties”, individually the “Party”, have concluded this agreement (hereinafter - the “Agreement”) as follows:
1. The Subject of the Agreement
1.1. The Founder of the trust transfers trust property to the Trustee for a period of time specified in the Agreement, and the Trustee undertakes to manage the property in the interests of the Founder of management, over which _______________________ (indicate the act of the guardianship and trusteeship body) has been established patronage.
1.2. Transfer of property to trust does not entail the transfer of ownership of it to the Trustee.
1.3. This Agreement is valid until ________________.
2. The composition and procedure for the transfer of property
2.1. The composition of the managed property at the time of transfer to the Trustee
Manager includes: ______________________________________________________
______________________________________________________
(indicate the name and other significant characteristics of the immovable and valuable movable property of the founder of the management) (hereinafter - "Property").
2.2. Transfer of real estate to trust management is subject to state registration in the manner prescribed by the legislation of the Russian Federation.
2.3. The costs associated with the transfer of the Property in trust and with the state registration of immovable Property shall be paid at the expense of the said Property.
2.4. At the time of transfer to the Trustee, the Property is not pledged. (Option: The property is pledged by ... (name / full name of the pledge holder) on the basis of the pledge agreement N ________ of "__" ___________ ____, which is an integral part of this Agreement.
2.5. Transfer of Property to the Trustee in accordance with this Agreement is made _____ days after the conclusion of this Agreement in accordance with the act of transfer of Property.
3. Rights and obligations of the trustee
3.1. The trustee shall:
3.1.1. Take measures to preserve the property transferred to him.
3.1.2. Prevent the reduction of the value of the Property of the Founder of management and contribute to the extraction of income from it.
3.1.3. Inform third parties about their status and put in the documents after the name the note "D.U."
3.1.4. Take measures to protect property rights, including making claims related to non-fulfillment by third parties of obligations arising from the property transferred to trust management.
3.1.5. At least once every ______________ (indicate the period) to transfer to the Management Founder _____ part of the net income from the Property in the form of cash. The trustee is obliged to deposit the remaining part of the income from the Property to account N ________________________ (indicate the details of the account of the founder of the management) in ________________________ (name of the bank).
3.2. The trustee is entitled to:
3.2.1. Make any transactions with respect to this Property. To complete transactions on alienation, including the exchange or donation of entrusted Property, for rent (for rent), for gratuitous use or as a pledge, transactions involving the waiver of the rights included in the Property, the division of the Property or the separation of shares from it, and as well as any other transactions involving a reduction in the entrusted Property, prior authorization of the Management Founder is required.
3.2.2. Perform other actions to exercise the right of ownership in the interests of the Management Founder, except as provided by law and this Agreement.
3.2.3. Protect the rights to the Property by filing property lawsuits to recover the Property from someone else’s illegal possession and remove obstacles to its use in accordance with the civil legislation of the Russian Federation, as well as take other measures to recover the amounts due in connection with trust management obligations.
3.2.4. To insure the Property transferred to him in trust at the expense of this Property.
3.2.5. Withhold from the income from the Property the amount to cover the necessary expenses incurred by him related to the management of the Property.
3.3. The trustee is not entitled to:
3.3.1. Conclude loan and loan agreements at the expense of the Property.
3.3.2. Alienate real estate, with the exception of cases provided for by the legislation of the Russian Federation.
3.4. Fulfillment by the Trustee of the obligations for managing the Property shall be carried out at the expense of the specified Property.
4. Trustee Report
4.1. The Trustee is obligated to submit to the Management Founder at least once every __________________ (indicate the period) a report on his trust management activities with the supporting documents together with supporting documents.
4.2. The founder of the management has the right to demand a report from the Trustee in the manner and within the time stipulated by clause 4.1 of this Agreement.
5. Remuneration of the trustee
5.1. The amount of remuneration of the Trustee is _____% of net income from trust management of Property.
5.2. The amount of remuneration of the Trustee is withheld by him independently from the net income from the Property remaining after making the necessary payments to the Management Founder.
6. Responsibility of the trustee
6.1. The Trustee is obliged to fully compensate the Founder of the management for losses incurred as a result of trust management in all cases, unless he proves that these losses occurred as a result of force majeure or the actions of the Founder of management.
6.2. The trustee, who, while trusting the Property, does not take due care of the interests of the Management Founder, compensates for losses caused by the loss or damage of the Property, taking into account its natural depreciation, as well as lost profit.
6.3. Obligations under a transaction made by the Trustee in excess of the powers granted to him or in violation of the restrictions established for him shall be borne by the Trustee in person.
6.4. Debts on obligations arising in connection with the trust management of the Property shall be repaid at the expense of this Property. In case of insufficiency of the Property, the penalty may be levied on the property of the Trustee, and in case of insufficiency of its property - on the property of the Founder of management, not transferred to trust management.
The founder of the management may in this case demand from the Trustee compensation for the losses incurred by him.
7. Procedure for amending and terminating the contract
7.1. All changes and additions to the Agreement are valid if they are made in writing and signed by authorized representatives of the Parties. The relevant supplementary agreements of the Parties are an integral part of the Agreement.
7.2. All notifications and communications under the Agreement must be sent by the Parties to each other in writing.
7.3. This Agreement is amended and terminated on the grounds provided for by the civil legislation of the Russian Federation.
7.4. Upon termination of the Agreement, the Trustee is obliged to transfer the Property entrusted to him to the Management Founder and give a full report on the actions performed by him for the last management period.
8. Final provisions
8.1. The Agreement begins to operate from the moment of transfer of the Property to trust and is valid for the period specified in clause 1.3 of the Agreement.
Option: The Agreement begins to operate from the moment of state registration of the transfer of Assets in trust and is valid for the period specified in clause 1.3 of the Agreement.
8.2. In the absence of a statement by one of the Parties on the termination of the Agreement at the end of its term, it shall be deemed extended for the same period and on the same conditions as were provided for by the Agreement.
8.3. This Agreement is made in duplicate, one copy for each of the Parties.
8.4. For all matters not regulated by this Agreement, the Parties shall be governed by the current legislation of the Russian Federation.
9. Addresses, details and signatures of the parties
Management Founder Trustee
Gr. ________________________ Gr. ________________________________
(state of citizenship, full name of citizen)
Passport: Series _____ N _________, Passport: Series _____ N _______,
issued _______ \ ________________, issued ____________________,
(when, by whom)
registered at: registered at:
_________________________ ________________________
_____________ (______________) __________ (__________________)
signature ________________________ signature
When signing such an agreement, some points must be taken into account:
- This document is signed for a period of not more than 5 years.
- In clause 2.1. you must specify all the property that the ward transfers to the trustee.
- The transfer of property must necessarily undergo the State registration procedure in the same manner as obtaining ownership of this property.
- P. 2.4. of this document may have the option: "the property is pledged." In this case, it is necessary to indicate the number and date of signing the pledge agreement.
- The agreement must necessarily specify the amount and form of monetary remuneration to the Manager.
- This agreement begins to operate from the moment of transfer of the property or from the moment of State registration of transfer of it to trust.
- Important: the contract is considered concluded only if the parties have reached consensus on all issues of interest to them.
The provision of assistance to capable citizens with disabilities is a necessary form of state support. In order to receive this service, you need to know how to apply for patronage over an elderly person and correctly go through this procedure. Thus, the trustee will be able to be useful to society as a whole and to a specific loved one while maintaining the rights of the latter.