In every country there is a category of adults who, due to physical ailments, are unable to independently perform household, legal and other functions. They need help, which they can receive as part of the patronage of an elderly person. To reduce the time to receive this service, you need to know the procedure for its registration, 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 protecting the rights of certain groups of citizens), but over time it became an independent type of support in the legal field. Today, patronage (from French patronage - “aiding”) is the provision of assistance to adult citizens who cannot independently perform their duties and defend their rights due to physical ailments. In the legal field, there is a procedure that establishes how to apply for patronage of an elderly person.
The provision of such a service is governed by Art. 41of the Civil Code of the Russian Federation and federal law 48-FZ "On guardianship and guardianship". These acts define the procedure for establishing relations between a person in need of help and someone who is ready to act in his interests, namely: the first document reveals the design features of this services, determines which categories of the population can apply for this type of assistance, and also indicates that the guardianship and guardianship authorities located in the locality in which the person lives should control the entire process, the law on patronage of the elderly contains the main conceptual base on this topic, regulates the framework beyond which the agreement ceases to function, contains information about the peculiarities of disposing of the property of wards, monitoring the performance of the functions of an assistant appointed to a person, and indicates ways of state support.
Service assignment has the following procedure:
- If a citizen begins to wonder where to apply for patronage of an elderly person, you must contact the guardianship and guardianship authorities in the locality in which the person lives. There, a citizen in need of support must submit an application in the prescribed form with a request to appoint an assistant who will perform the agreed functions in favor of an elderly person. He must also confirm the limitations of his functions with a medical opinion.
- These bodies review the submitted documents and determinedegree of need for patronage. If a positive decision is made, an accomplice is determined for the citizen within a month.
- If the applicant is satisfied with the candidacy, then the future assistant also submits documents to apply for patronage of an elderly person. After their consideration and approval, the above bodies inform the applicant in writing. Then the employee of the institution prepares the appropriate order and sends it to both parties for review.
- Further, the people who will interact must sign a common document (agreement), which will define their rights, as well as obligations towards each other. After registration of legal relations, the independence of the person who will be provided with this type of assistance is preserved in resolving any issues, and the trustee acts as a trustee and fulfills his duties within the framework of the signed legal act. The responsible authorities monitor the quality of patronage of an elderly person (up to 80 years of age and after), while informing the applicant of violations that may be the basis for terminating the contract.
. The reason for the suspension of the functioning of the contract is the death of one of them. Guardianship authorities can stop providing assistance to an elderly person in case ofimproper performance by an assistant of his duties.
If a person with disabilities under patronage submits an application to the regulatory authorities to terminate assistance from his accomplice, while he indicates the facts of violation of contractual relations or inappropriate performance of his duties, this information is checked, which ends, as a rule, the rejection of the services of an assistant. If the trustee does not agree with the decision, he can apply 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 guardianship authorities, as a rule, prohibit the trustee from continuing his activities on the basis of good reasons.
Agreement is the basis of relations
To start 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 agency, trust management, life dependency or mixed. It can be signed for a fixed term or be indefinite. The terms of reference of the trustee can be broad (assistance in general) and limited (provides for the performance of specific duties, for example, purchasing food, carrying out hygiene procedures, cleaning the apartment). The contract of patronage for an elderly person can be paid and unpaid, and not all types of assistance, but some, may be funded. It is also possible to transfer to an assistant asremuneration for the use of property or the provision of counter services.
Patronage of an elderly person provides for the submission by the future assistant to the appropriate authority of the following documents:
- certificates that he is not sick with tuberculosis, is not registered with narcology and does not suffer from psycho-neurological disorders harm to his he alth);
- characteristics from the place of work or study (this document is provided in order to get an idea of the personal qualities of the trustee, because his diligence and conscientiousness depend on it);
- document proving that he owns the property or is a tenant (this is to make sure that the purpose of the provision of services to the future trustee will not be to receive the property of the person in need of assistance).
It is necessary to take into account that each region has its own peculiarities of obtaining assistance. Therefore, to establish patronage over an elderly person under 80 years old, the list of requirements may be longer. It is governed by the laws of the territorial district. In particular, the future guardian may be asked to provide a certificate from the pension fund, indicating his income, an identification code, as well as proof of absenceconvictions. After the assistant submits all the necessary documents, the guardianship and guardianship authorities have a month to approve or reject his candidacy.
Choosing a Trustee
In such circumstances, one must know who can care for the elderly. In order to answer this question, it is necessary to understand the difference between the above type of assistance and guardianship. The latter is assigned to people who have a court decision on incapacity, have a medical opinion on mental disorders, do not perceive reality reasonably and are unable to assess the consequences of their actions, which is why they have the right to full 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, control over the implementation of the treatment of the patient, payment of utilities, disposal of property under the contract. He is also given the right to manage the finances of the ward at his discretion.
The patronage of an elderly person is allowed for a capable applicant who, due to physical he alth problems, cannot perform certain functions. In such circumstances, the appointed assistant helps to solve them, while he does not have the right to dispose of the property and finances of the ward. He can carry out this type of service only in the case of a power of attorney issued to him or the agreed powers under the contract.
The trustees are mainly relatives. In the FamilyThe 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 possible way. At the same time, older people even have the right to apply to the court for the payment of alimony by their children if they do not provide any support to their parents. Therefore, if there is a choice, then a close relative gets an advantage, but if the person in need of help does not have one, then patronage of the elderly person will be carried out by an outsider, whose candidacy is carefully selected by the guardianship authorities, taking into account the state of he alth of the future accomplice, bad habits, the presence of previous convictions and his personal qualities. Only a social worker assigned to a person in need to help with household chores cannot be a guardian.
In any case, a person who gives his consent to patronage must understand the seriousness and complexity of this process. He must have self-control and high moral character, because this work does not provide for financial reward, 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.
Responsibilities of a Trustee
All rights and obligations of the person who agreed to provide this service are specified in the contract. When registering patronage for an elderly person after 80 years, as well as for people of mature age, this document clearly defines the amount and type of work that an accomplice must provide, his place of residence (in his living space or atward), ways to solve legal, property and other issues.
In general, the guardian has the following duties to a greater or lesser extent:
- solution of domestic and legal issues within the framework of contractual relations between the parties;
- familiarization of the ward with the methods and results of solving all problems;
- disposition of a person's property at the level permitted in the general document;
- provision of reports to the guardianship and guardianship authorities on the quality and quantity of the services provided, the expenditure of the ward's money and on ways to resolve property issues in his favor.
Rights of the person providing assistance
The trustee has the right to receive remuneration for his services, but only if it is written in the contract.
In the event of unplanned expenses incurred while executing orders, the guardian may demand compensation from the ward. At the same time, you need to know that the state provides financial reward for patronage of an elderly person after 80 years.
It should be taken into account that the trustee is not automatically placed as the heir to the property of the ward. The latter can only include an assistant in his will if he wishes.
Payment for services
Very old people often need help. If the trustee does not work and takes care of an elderly person over 80 years old, he is en titled to compensation in the amount of 1,200 rubles. In some regions of the country, due to severe climatic conditions,for example, the region of the Far North, the amount may be more. This monetary reward is included in the form of an additional payment in the amount of the pension of an elderly person, and he already independently transfers it to his trustee. In the case of patronage of an elderly person over 80 who has been declared incompetent, the assistant receives the supplement himself.
If an assistant helps an elderly person whose age is above 80, he will be credited with seniority. Information on this issue is contained in paragraph 6 of Art. 11 FZ. If the ward has not reached this age, then fixing the length of service is not due to the trustee, even if he fully takes care of the person.
Sample charter document
The presented agreements are standard forms that, depending on the situation, are used to regulate the relationship between the parties.
Agreement of agency
g. ______________ "___" __________20__
__________________, (name of organization, full name of citizen) hereinafter referred to as __ "Principal", represented by ______________________, (position, full name) acting on the basis of _____________________, (charter, regulation, power of attorney) on the one hand, and ________________, (name of organization, full name of the citizen) hereinafter referred to as __ "Attorney", represented by __________________________, (position, full name) acting on the basis of _____________________, on the other hand, have entered into this Agreement as follows:
1. Subject of the contract and obligations of the parties
1.1. principalentrusts and undertakes to pay, and the Attorney undertakes to perform the following legal actions on behalf and at the expense of the Principal: _____________________________________________________________________________________________________________________________. The rights and obligations under transactions made by the Attorney in accordance with this agreement arise directly from the Principal.
1.2. The trustee is obliged to fulfill the assignment given to him independently. Transferring the execution of an order to another person is not allowed.
1.3. The Attorney is obliged to execute the assignment given to him in accordance with the instructions of the Principal, which must be lawful, feasible and specific, as well as the requirements of clause 1.1 of this agreement. The Attorney has the right to deviate from the instructions given to him by the Principal if, due to the circumstances of the case, this is necessary in the interests of the Principal and the Attorney could not previously 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 is considered to be 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 Principal's obligation to pay for the services of the Attorney).
1.5. The Attorney is also obliged: to inform the Principal, at his request, of all information on the progress of the execution of the order; transfer to the Principal without delay everything received under transactions made in pursuance of the order;upon execution of the assignment or upon termination of this agreement of assignment before its execution, immediately return to the Principal the power of attorney, the validity of which has not expired, and within ____________ (term) submit to the Principal a written report with supporting documents attached, if required by the nature of the assignment. The following documents must be attached to the Attorney's report: _________________________________________________________.
1.6. The Principal is obliged: to issue to the Attorney a power of attorney (powers of attorney) to perform legal actions provided for in clause 1.1 of this agreement, except for the cases provided for in paragraph two of clause 1 of Art. 182 of the Civil Code of the Russian Federation, as well as to transfer to the Attorney other necessary documents; reimburse the Attorney for the expenses incurred and provide him with the funds necessary for the execution of the assignment; without delay to accept from the Attorney everything performed by him in accordance with this agreement; pay the Attorney remuneration according to the rules established in section 2 of this agreement.
1.7. If this agreement is terminated before the commission is executed in full, the Principal is obliged to reimburse the Attorney for the costs incurred in the execution of the commission, and also to pay him remuneration in proportion to the work performed by him. This rule does not apply to the execution by the Attorney of an order after he knew or should have known about the termination of the order.
2. Attorney's remuneration and settlement procedure
2.1. The remuneration of the Attorney (contract price) for the execution of the Principal's order is____________________ rubles. In case of termination of the order 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. No later than ______________________ from the date of acceptance by the Principal of the report on the execution of the order, the Principal transfers to the settlement account of the Attorney the entire amount specified in clause 2.1 of the agreement.
3. Responsibility of the Parties
3.1. In case of non-payment to the Attorney of remuneration within the period specified in clause 2.2 of the agreement, the Principal pays him a pen alty in the amount of __% of the payment amount for each day of delay, but not more than ________ rubles.
3.2. Other measures of responsibility of the parties for failure to fulfill their obligations under this agreement are determined by the general rules of the Civil Code of the Russian Federation.
4. Dispute Resolution
4.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.
4.2. Disputes between the parties not settled through negotiation are referred to __________________ (seat of court/arbitral tribunal) for resolution.
5. Contract term
5.1. This agreement comes into force from the moment of its signing by the parties and is valid until _______________________.
5.2. This agreement is terminated, in addition to the general grounds for termination of obligations, also due to: cancellation of the order by the Principal before the start of its actual execution; Attorney's refusal. If the Attorney has withdrawn from the contract uponconditions when the Principal is deprived of the opportunity to otherwise secure his interests, the Attorney is obliged to compensate for the losses caused by the termination of the contract.
5.3. Any changes and additions to this agreement are valid only if they are made in writing and signed by the parties or duly authorized representatives of the parties.
6. Addresses and bank details of the parties Principal: ______________________________________________________________ Attorney: ________________________________________________________ This agreement is made in two copies in Russian. Both copies are identical and have the same power. Each party has one copy of this agreement. Attached to this agreement: ________________________________.
Signatures of the parties
Principal ___________________________________ M.P.
Attorney __________________________________ M.P.
The entire amount of work that the trustee must perform is prescribed in clause 1.1. such an agreement. In particular, patronage of an elderly person may include the following functions:
- cleaning the apartment (once a week);
- daily hygiene procedures for the patient;
- purchasing groceries (every 3 days);
- organization of (dietary) nutrition and feeding of the ward;
- accompanying a person during outdoor walks;
- transportation of the ward to the hospital for procedures;
- medical services for the care of a special person (in casetrustee has an appropriate education);
- payment of utility bills;
- receiving and sending correspondence from an elderly person;
- walking and caring for animals, etc.
If the relationship between the trustee and the ward provides for the disposal of the property of an elderly person by the assistant, then a trust management agreement is drawn up.
trust management of property of a citizen under patronage
g. _______________ "__"___________ ____ g.
Citizen of the Russian Federation _________________ (full name of the citizen), passport series _____ N _______, issued by __________________ dated "__" ___________ ____, registered at: ____________________, in accordance with paragraph 3 of Art. 41 of the Civil Code of the Russian Federation, hereinafter referred to as ___ "Founder of the Department", on the one hand, and Citizen of the Russian Federation _____________________ (full name of the citizen), passport series _____ N _______, issued __________________ dated "__" ___________ ____, registered at the address: _________________________, hereinafter referred to as ___ "Trust Manager", on the other hand, collectively referred to as the "Parties", individually as the "Party", have entered into this agreement (hereinafter referred to as the "Agreement") as follows:
1. Subject of the contract
1.1. The founder of the management transfers the property to the Trustee for the period specified in the Agreement for trust management, and the Trustee undertakes toto manage property in the interests of the Founder of the Department, over which, by virtue of _______________________ (indicate the act of the body of guardianship and guardianship), patronage has been established.
1.2. The transfer of property for trust management does not entail the transfer of ownership of it to the Trustee.
1.3. This Agreement is valid until ________________.
2. Composition and procedure for the transfer of property
2.1. As part of managed property at the time of transfer to the Trustee
manager enters: ______________________________________________________
(indicate the name and other significant characteristics of the real and valuable movable property of the founder of the management) (hereinafter referred to as the "Property").
2.2. The transfer of real estate for trust management is subject to state registration in the manner prescribed by the legislation of the Russian Federation.
2.3. Expenses associated with the transfer of the Property to trust management and with the state registration of the 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 to … (name/full name of the pledge holder) on the basis of a pledge agreement N ________ dated "__" ___________ ____, which is an integral part of this Agreement.
2.5. Transfer of Property to the Trustee in accordance with this Agreementis made _____ days after the conclusion of this Agreement in accordance with the act of transfer of the Property.
3. Rights and obligations of a trustee
3.1. The trustee must:
3.1.1. Take measures for the safety of the Property transferred to him.
3.1.2. Prevent a decrease in the value of the Property of the Founder of the Management and promote the extraction of income from it.
3.1.3. Inform third parties about your status and mark "D.U." in documents after the name.
3.1.4. Take measures to protect the rights to the Property, including making claims related to the non-fulfillment by third parties of obligations arising from the Property transferred to trust management.
3.1.5. At least once every ______________ (specify the period) to transfer to the Founder of the Department _____ a part of the net income from the Property in the form of cash. The remaining part of the income from the Property, the Trustee is obliged to pay to account N ____________________________ (indicate the details of the account of the founder of the management) in ________________________ (name of the bank).
3.2. The trustee may:
3.2.1. Make any transactions in relation to this Property. To make transactions for the alienation, including the exchange or donation of the entrusted Property, its leasing (lease), gratuitous use or pledge, transactions entailing the waiver of the rights included in the Property, the division of the Property or the allocation of shares from it, and as well as any other transactions entailing a decrease in the entrusted Property,requires prior approval from the Trustor of Management.
3.2.2. Perform other actions to exercise the right of ownership in the interests of the Founder of the Management, with the exception of those provided for by law and this Agreement.
3.2.3. Protect the rights to the Property by filing property rights claims to recover the Property from someone else's illegal possession and to 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 the trust management obligations.
3.2.4. To insure the Property transferred to him for trust management at the expense of this Property.
3.2.5. Withhold from the income from the Property amounts to cover the necessary expenses incurred by him, related to the management of the Property.
3.3. The trustee may not:
3.3.1. Conclude loan agreements and loan agreements at the expense of the Property.
3.3.2. Alienate real estate, except as provided by the legislation of the Russian Federation.
3.4. The performance by the Trustee of the obligations to manage the Property is carried out at the expense of the said Property.
4. Trustee Report
4.1. The trustee is obliged to submit to the Trustor at least once in __________________ (specify the period) a report on his activities on the trust management of the Property, along with supporting documents.
4.2. The founder of management has the rightdemand a report from the Trustee in the manner and within the timeframe stipulated by clause 4.1 of this Agreement.
5. Trustee Compensation
5.1. The amount of the Trustee's remuneration is _____% of the net income from the trust management of the 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 Settlor.
6. Trustee liability
6.1. The Trustee is obliged to fully compensate the Trustee for losses incurred as a result of trust management, in all cases, unless he proves that these losses occurred due to force majeure or the actions of the Trustee.
6.2. The Trustee, who did not show due diligence for the interests of the Trustee during the Trust Management of the Property, compensates for losses caused by the loss or damage to the Property, taking into account its natural wear and tear, as well as lost profits.
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, are borne by the Trustee personally.
6.4. Debts under 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 Assets, execution may be levied on the Trustee’s property, and in case ofinsufficiency and his property - on the property of the Founder of the management, not transferred to trust management.
The Settlor may in this case demand compensation from the Trustee for the losses incurred by him.
7. The procedure for changing and terminating the contract
7.1. All changes and additions to the Agreement are valid if made in writing and signed by authorized representatives of the Parties. The relevant additional agreements of the Parties are an integral part of the Agreement.
7.2. All notices 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 Trustor and give a full account of his actions for the last management period.
8. Final provisions
8.1. The Agreement begins to operate from the moment the Property is transferred to trust management 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 the Property to trust management 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 validity period, it is considered extended for the same period and on the same conditions as werestipulated by the Treaty.
8.3. This Agreement is made in two copies, one copy for each of the Parties.
8.4. For all issues not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
9. Addresses, details and signatures of the parties
Gr. ________________________ Gr. ________________________________
(state of citizenship, full name of citizen)
Passport: series _____ N _________, Passport: series _____ N _______, issued by _______\________________, issued by ____________________, (when, by whom)
registered at: registered at:
_____________ (______________) __________ (__________________)
When signing such an agreement, you need to take into account some points:
- This document is signed for a period not exceeding 5 years.
- In clause 2.1. it is necessary to indicate all the property that the ward transfers to the trustee for management.
- The transfer of property must necessarily go through the procedure of State registration 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 be mandatorythe amount and form of remuneration to the Manager are prescribed.
- This agreement comes into effect from the moment of transfer of property or from the moment of State registration of its transfer to trust management.
- Important: the contract is considered concluded only if the parties have reached consensus on all issues of interest to them.
Providing assistance to capable citizens with disabilities is a necessary type of state support. In order to receive this service, you need to know how to apply for patronage of 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 close person while maintaining the rights of the latter.