Rights and responsibilities of guardians and trustees over minors in Russia: powers and responsibilities

In everyday life, a person often hears terms such as “guardian”, “trustee”, “guardianship and trusteeship authorities”. But few people know what they have in common and what the difference is. For example, what is a trustee? This is an important issue as it concerns the protection of incapacitated and minor citizens.

Difference between caregiver and guardian

First you need to understand the differences between the primary terms. Guardianship is a special form of care for a person who needs outside help. A guardian is appointed for children (left without parents) under 14 years of age. And also to persons who have been officially declared incompetent and there is a corresponding court certificate about this.

Guardianship, in turn, is established over minor children from 14 to 18 years of age, as well as over citizens with limited legal capacity (officially documented). In fact, a trustee is a person who controls the actions of his ward and gives his consent to the implementation of all his rights and obligations.

The difference also lies in the fact that a guardian is appointed forcibly, without taking into account the opinion of the ward. A trustee can be appointed at the request of a citizen who needs this form of care.

Basic operating principles

A trustee is a person who carries out his activities guided by certain principles:

1. Voluntariness. No court or any other body has the right to appoint a citizen as a trustee without his consent. The citizen retains the right to refuse this activity at any time.
2. Controllability. All persons supervising and caring for incapacitated and minor citizens are controlled by the guardianship and trusteeship authorities. Employees of this service check how they carry out their activities and whether there are any violations.
3. Restriction on any property transactions. In particular, trustees cannot give consent to financial activities, the result of which will be a decrease in the property of the ward (sale of real estate, transfer of money from accounts, rental of premises, etc.). All such transactions are carried out only with the approval of the guardianship and trusteeship authorities. However, all financial transactions are permitted when the guardian wants to transfer his property to the ward.
4. The guardian must protect all the rights of his ward to the maximum extent possible.
5. All trusteeship activities are carried out with the support (and control) of the state.

Child custody

When it comes to minors, guardianship is established for a period from 14 to 18 years. This happens in cases where children are left without parental care for the following reasons:

• Parents have passed away.
• Mom and dad are deprived of rights or have limited custody rights over children.
• Parents are sick and incapacitated.

A guardian or guardian is appointed one month after the children are left without parental supervision.

Sometimes temporary guardianship or trusteeship is established at the request of a mother or father who is temporarily incapacitated or for good reason cannot fulfill parental responsibilities.

The maximum period of temporary guardianship is 3 months, in some cases it can be extended to six months.

Guardianship of adults

When a person is partially incompetent, and this is recognized by the court, then the trustee is a person who will perform the following functions:

• Give consent to any financial transactions on behalf of the ward.
• Contact medical institutions so that the partially incapacitated citizen can receive assistance.
• Process and demand all payments and benefits due to the ward.
• Defend, if necessary, the rights of a partially incompetent citizen in court.
• Protect and preserve the property of the ward.

In general, the functions are the same as for guardianship of an adult. The only difference is that guardianship over a teenager ends due to age - after the ward reaches 18 years of age.

A guardian for a partially incapacitated citizen can be appointed only after an appropriate court decision on this status.

And it is terminated only if the court recognizes the person as fully capable.

Patronage - what is the difference from guardianship?

It is also worth mentioning such a form of care as patronage. It differs from guardianship in many ways. Most of all, it resembles a regular agreement between two equal parties for the provision of certain services. For example, help around the house, escort to the hospital, execution of various documents by power of attorney.

Patronage is assigned in cases where a citizen is an adult and capable, but physically limited - due to illness, age or disability.

Termination of trusteeship

Guardianship is terminated in strictly specified cases:

1. The minor ward has reached the age of 18 years.
2. By virtue of emancipation, by court decision.
3. Marriage before the age of 18. Marriage removes restrictions on rights.
4. According to the court, the status of “limited capacity” was removed.
5. Violation of the terms of trusteeship by the trustee himself (by decision of the supervisory authority).
6. Death of the trustee or his ward.

Responsibilities and rights of a trustee

Trustees must protect the rights and interests of the ward. The responsibilities of the guardian include caring for their wards, that is, providing them with care and treatment, and in the case of teenagers, education and training. Also, the trustee must give consent for the ward to carry out certain actions of a legal nature.

The rights state the following:

• they should not contradict the interests of the child;
• trustees cannot cause harm to the physical or psychological health of the person under their care;
• trustees may require medical, psychological, legal or other assistance to be provided to the family.

All rights and obligations of the trustee and ward are established by Art. 148 of the Family Code of the Russian Federation, in the provisions of the Civil Code of the Russian Federation, as well as in the Law on Guardianship.

Who can become a trustee?

First of all, all blood relatives are considered. If there are none, or they do not agree to take on such responsibility, then any citizen of the Russian Federation can play this role. But with some reservations. The candidate must be:

1. Capable.
2. Adult.
3. Have personal housing that meets the requirements of the guardianship and trusteeship authorities.
4. Have no criminal record.
5. Have no health restrictions (in accordance with the requirements of the supervisory authority).
6. Have a sufficient level of income to create normal living conditions for the minor.
7. A clear history – in the area of ​​solving parental rights or problems with previous wards.

Also, citizens with alcohol or drug addiction cannot become trustees.

The age of the caregiver is from 18 to 60 years. At the same time, it is not allowed for there to be a difference of less than 16 years between him and the ward. If there is a blood relationship, the last rule is no longer valid.

Functions of guardianship and trusteeship authorities

The scope of activity of this organization includes caring for the interests of minors or incompetent (partially incompetent) citizens. The guardianship and trusteeship authorities are a subdivision of the municipality and carry out the following activities:

• Detection and registration of orphans or minors left without parental supervision.
• Formation of a database of all persons in need of care and those who are ready to become a caregiver or guardian.
• Distribution of minors to special institutions or foster families.
• Protecting the rights of children left without parental care.
• Resolving conflicts between a child and parents, or between father and mother.
• Control over the property of wards.
• Supervision of guardians and trustees.

Authority

The powers of this organization are quite broad:

1. A guardian or trustee is appointed by employees of the guardianship authority.
2. They have the right to file a petition in court to declare a particular citizen incompetent.
3. Guardianship and trusteeship authorities exercise control over the activities of guardians and trustees. In case of improper performance of duties or harm (physical, psychological or other) to the ward, the latter may face administrative or criminal liability.
4. They can terminate parental rights and decide who can become an adoptive parent, custodian or guardian.
5. Guardianship and trusteeship authorities can legally represent their wards in any instance.

Despite all their powers, their activities are quite strictly regulated by the Civil Code of the Russian Federation, and all decisions of this organization can be challenged in court.

What rights and responsibilities does a trustee and guardian have?

Guardianship and trusteeship are legal ways of living for minors. Despite the common goal of ensuring compliance with the rights and interests of minors, the rights and responsibilities of guardians and trustees have some differences.

Guardian and trustee. What is the difference?

Guardianship and guardianship of a child are not the same thing. The distinctive features of these concepts form the following legal characteristics:

• category of protected persons. Children under 14 years of age, as well as incapacitated persons, are under guardianship. Guardianship is applied to children from 14 to 18 years of age and persons with limited legal capacity.
• degree of representation. The guardian performs all the functions of a legal representative, and the trustee represents the interests of the ward only in exceptional cases.
• scope of permitted actions. The guardian has the right to perform the entire scope of legal actions on behalf and in the interests of the ward. The scope of the trustee's actions is limited to providing assistance, protecting the ward from abuse and coordinating certain actions of a civil nature.

Requirements for guardians and trustees

The basic requirements for potential guardians and trustees are established by family and civil legislation. Acceptance of a minor for upbringing is possible if the candidate meets the following conditions:

• age: from 18 years, full legal capacity;
• no convictions or criminal charges;
• successful completion of preparatory courses;
• availability of satisfactory housing and living conditions;
• the presence of data on the high moral and moral qualities of a citizen, the ability to fulfill the duties of a legal representative of a minor;
• absence of diseases that prevent the child from being accepted into the family, as well as alcohol and drug addiction.

All necessary information about the candidate’s identity is obtained from him personally, and is also requested by the guardianship and trusteeship authorities in other organizations.

Guardian

From the moment a citizen receives official status, the provisions of Article 36 of the Civil Code of the Russian Federation, Article 148.1 of the Family Code of the Russian Federation, Article 15 of the Federal Law “On Guardianship and Trusteeship” come into force, containing information about what rights and responsibilities the guardian has.

Rights and obligations

The rights of a guardian, like the rights of a parent, come down to the upbringing and care of a child adopted into the family. The choice of methods of raising a child, the place and form of his education is carried out by the responsible person independently, taking into account the opinions and recommendations of regulatory authorities. The person providing guardianship has the right to receive the necessary legal, pedagogical or other assistance.

Living together is also the responsibility of the minor's guardian. The guardian must take care of the health of the ward and maintain him in satisfactory conditions.

The implementation of rights and obligations by the responsible person is carried out with the obligatory consideration of the opinion of the ward, and in cases of impossibility of obtaining it, taking into account the available information from previous legal representatives.

Who cannot be a guardian

A person suffering from alcoholism and drug addiction, as well as having any disease that prevents the child from being taken into custody, cannot receive guardianship.

To identify possible diseases, candidates for guardians undergo a medical examination.

An obstacle to obtaining the status of a guardian is also the restriction or deprivation of the candidate's parental rights, the cancellation of adoption due to his fault, or removal from the duties of a guardian in the past.

Trustee

Trustees are subject to the same provisions of family and civil law as guardians in terms of determining their rights and obligations.

Rights and responsibilities of trustees

The legal rights and responsibilities of guardians and trustees are similar, with the exception of certain points.

Unlike a guardian, who has full rights to protect the persons under his guardianship, a trustee can act as a legal representative of a child when he is limited in the disposal of his income, as well as when there are disagreements between the child and his parents.

For citizens with limited legal capacity due to alcohol, drug or gambling addiction, a guardian is also appointed as a legal representative. In other cases, the trustee only helps the ward in the implementation of their rights and obligations, and prevents the abuse of their rights.

The right to dispose of the property of wards

The guardian may spend money allocated to the ward for food, purchase of clothing and other purposes. The exception is funds, which they have the right to dispose of independently.

The person providing guardianship can receive a survivor's pension and spend it without the consent of any supervisory authorities. Disposal of the property of a ward requires written permission or instructions from the guardianship and trusteeship authorities.

The parties to this agreement are the guardianship and trusteeship authorities and the administrator appointed by them.

How much do guardians and trustees get paid?

The work of guardians and trustees is not paid. If necessary, the guardianship authorities and the potential guardian may enter into an agreement containing provisions on payment for his activities. This agreement is concluded if there are grounds and in the interests of the ward himself.

The monetary reward under the above agreement can be replaced by the possibility of free use of the ward's property.

Responsibility of guardians and trustees

In cases of dishonest fulfillment of assigned duties, as well as abuse of the rights of wards, the responsible persons may be held administratively and criminally liable. In cases of concluding unfair transactions on behalf of wards, as well as in the event of causing them any property damage, civil liability is applied to the responsible persons.

Supervisory authorities

Guardianship and trusteeship authorities located in the area of ​​residence of the persons under guardianship are called upon to systematically monitor the activities of guardians and trustees. Elements of direct control are considered to be inspections of housing and living conditions, the condition of property, and the absence of violations of subjective rights.

Guardianship and trusteeship authorities

A significant part of the population of the Russian Federation are minors or incompetent citizens. The rights and interests of such persons may be violated by other people, intentionally or unintentionally. Guardians are obliged to protect these people, but representatives of state guardianship and trusteeship authorities must monitor their actions.

They have a specific list of powers and rights, beyond which they cannot go. Knowing the main functions of this service and understanding the principle of their work, it is much easier to defend your rights and interests of those under your care.

The guardianship and trusteeship authorities (TCA) are an executive body entrusted with the functions of protecting the rights and interests of those citizens who, due to their age or established incapacity, cannot do this on their own. The PLO operates throughout the entire Russian Federation and is subject to the laws developed to regulate this area of ​​legal relations.

Additional Information

Depending on the size of the locality, it may or may not have a PLO department. In small settlements and cities, local governments can take over the functions of the guardianship service.

Guardianship authorities are in constant contact with other government agencies. In their activities they closely interact with the following types of organizations:

1. Social.
2. Educational.
3. Medical.
4. Housing and others.

These structures perform some of the functions of OOP.

The legislative framework

The activities of guardianship authorities are strictly regulated by the legislative framework.

The fundamental regulatory act for POOs is Federal Law No. 48-FZ “On Guardianship and Trusteeship”, issued on April 24, 2008.

Since the date of entry into force of the document, it has been repeatedly refined and supplemented, eliminating identified inconsistencies and refining the execution system. This legislative act regulates:

1. What tasks should employees of the structure set for themselves?
2. Scope of powers granted.
3. Outlines the range of responsibilities assigned to the OOP.

In addition to Federal Law No. 48, the guardianship service is guided by articles of the Civil Code of the Russian Federation and the Family Code of the Russian Federation. The list of functions and powers of guardianship employees is listed in Articles 77, 121, 122 and 123 of the RF IC.

Additional Information

Many points related to the nuances of providing assistance and protecting the interests of minors or incapacitated persons are explained by federal and regional laws.

Main functions

The guardianship authority is endowed with unique powers that other structures do not have the right to perform. None of the organizations can remove a minor if sufficient grounds for this are discovered; such an action will be regarded as an abuse of authority.

But the activities of the PLO are not limited to the application of punishment; it implies, first of all, the identification of situations in which the rights of people with disabilities are violated.

In addition, service workers must make every effort to stabilize the situation and gradually improve it, if such a possibility exists.

The functions of the guardianship authorities are reduced to the following basic areas:

1. Detection of a violation of the rights of minors in terms of depriving them of protection from their parents.
2. Keeping records of children left without parental care and updating information in databases.
3. Placement of minors in special institutions or search for guardians, trustees and adoptive parents for them.
4. Resolution of family disputes and conflicts.

The list of powers of the PLO does not end there; it also includes other actions aimed at protecting the interests and rights of children and incapacitated adults.

Identification of children without parental care

The responsibility for identifying minors who are left without parental protection and care is assigned to the guardianship service.

This, however, does not mean at all that other organizations or individuals should not pay attention to the violation of the interests of children.

Article 122 of the Family Code of the Russian Federation establishes the obligation of legal entities and individuals who have information about children left without the care of their mother and father to report this to local branches of the Public Organization.

Representatives of law enforcement agencies, medical institutions, educational organizations or ordinary people are obliged to promptly notify the guardianship service of identified cases.

If you find children whose parents are unknown, you should immediately notify law enforcement agencies and notify the guardianship department in writing about the incident.

An individual is given 48 hours for these actions, but it is better not to delay notification, as this may be regarded as forced detention of a child or even theft.

Important!

PLO employees are obliged to check all statements about identified facts and respond to them according to the situation.

Children's device

Identifying a child left without parental care is only the beginning of a long procedure. The goal of the guardianship department is the placement of such children. By law, a minor who does not have parents or is deprived of their guardianship for any reason must be registered in:

1. Specialized institution.
2. Adoptive family.

It is rarely possible to avoid temporary stay in special institutions. Typically, this measure is applied to the majority of identified children, which allows them to meet their immediate needs.

Orphanages or baby homes provide the child with shelter, food, and clothing.

The specialists working there help the child undergo adaptation, identify the presence of psychological, mental or physiological problems and, if possible, eliminate them.

Having fulfilled the primary task of protecting the life and health of the child, PLO workers make every possible effort to place him in the family.

To do this, data about the minor is entered into special databases where hypothetical adoptive parents can see him.

To speed up the search, service employees can apply for guardianship or trusteeship to those families that already have similar children in their care.

If relatives want to formalize the right to raise a child, the task of the PLO is to provide comprehensive assistance in achieving a positive result, provided that the candidacy of the future guardian meets the mandatory requirements.

Family Dispute Resolution

Employees of the guardianship department should pay special attention to working with dysfunctional families and those adults who were not previously registered in the OOP, but sought help in order to resolve the current unfavorable situation. The primary task of the guardianship authorities is considered to be the preservation of the parental family, and not the removal of the child and transfer of him to third parties for upbringing.

PLO employees are often involved in resolving conflicts between ex-spouses who cannot agree on how to communicate with their children.

A protracted dispute can be resolved in court, but this is not the best option.

Note!

The optimal way to resolve conflicts between a guardian and a ward is considered to be the involvement of a guardianship service, which becomes a third independent party that does not accept the arguments of one of the parties, but solely respects the interests of the minor himself.

Powers and rights

The functions assigned to the PLO must be carried out in strict accordance with the powers and rights available to the body. They are also enshrined in law and have strictly established boundaries, beyond which it is prohibited. Employees of the guardianship service are vested with the following list of powers and rights:

1. To petition the courts to declare a person incompetent or, conversely, to restore his legal capacity.
2. Remove minors from the family if facts of a threat to their health and life are discovered.
3. Deprive parents, guardians, trustees of the opportunity to continue fulfilling their duties.
4. Give permission or refusal to conduct transactions with the property of the ward.
5. Certify trust agreements.
6. Protect the interests of wards in court or other authorities.
7. Check the conditions in which children or people with disabilities are or will live.
8. Verification of candidates nominated for the role of adoptive parents, their approval and control of the further maintenance of children.
9. Providing legal assistance to guardians and wards.

The powers of the guardianship service can be expanded if necessary.

Going to court

Guardianship authorities have the right to independently issue decisions to remove a child from the family. Guardians may challenge the legality of such interference in court.

Not all actions are carried out by PLO employees of their own free will. To make global, inevitable decisions, the guardianship service cannot do without the intervention of the court. An appeal to the court is filed in the following cases:

1. It is necessary to limit the powers of official guardians in relation to the child or deprive them of their rights altogether.
2. A minor is being adopted.
3. It is necessary to establish the person’s incapacity or, conversely, to restore his legal capacity.

Note!

Judicial intervention may also be required in cases where violations have been identified in relation to persons under guardianship.

Housing survey

A competent adult can decide independently in what conditions he will live. No authority will prohibit him from freely expressing his will.

As for minors or incompetent citizens, they themselves often cannot defend their interests, and therefore must be provided with everything necessary for a full life, development and education.

For this reason, the living conditions in which the child or disabled person is located is considered the most important criterion for assessing the care for him.

PLO employees are required to inspect living conditions at certain intervals.

In situations where children are raised by their parents, and there are no complaints about the family, no one will go to them without reason to be interested in existing conditions.

But when receiving signals about a violation of the rights of wards, the first thing the inspection begins is an inspection of the housing for its compliance with standards. Guardianship workers check:

1. Availability of utilities and their functioning. The house must have heating (gas, steam, stove), water (at least cold), and sewerage. When conducting an inspection, you should focus on the possibility of supplying communications, for example, in villages, water can only be on the street or there is no centralized sewerage system and this is not considered a violation. It is important to check whether certain communications are disconnected due to debts.
2. Availability of electricity, as well as the entire network being in good working order. Exposed wires and faulty outlets can cause electrical shock and fire.
3. General condition of the premises and household. Living in dilapidated houses is a direct threat to the life and health of those under their care.
4. Sanitary conditions.
5. Availability of food to ensure the vital functions of growing organisms.

Based on the results of the research, an act is drawn up, which often forms the basis for further proceedings for the removal of wards.

Selecting children

Removal of wards is a last resort. In accordance with Article 77 of the RF IC, it can only be used in cases where there is a threat to the life and health of those under guardianship.

A lot of situations can be considered under this formulation.

This measure is usually applied in cases where psychological, physical or sexual violence has been recorded against a minor or incompetent person.

Important!

Guardianship workers can remove a child by order. It is prepared by the PLO and sets out the reasons for such an extreme measure.

The removal of a minor does not always lead to the deprivation of guardians of the rights to further education.

If the child's official representative promptly and fully eliminates the identified inconsistencies that do not allow the child to be safe, he can return custody back.

If violence is detected, no choice is given and the PLO requests the deprivation of parental rights and holding them accountable for what they have done.

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• The child’s parents or persons replacing them lose their rights and obligations to represent and protect the rights and legitimate interests of the child from the moment the rights and obligations of a guardian or trustee arise.
• The rights and obligations of guardians and trustees are determined by civil law.
• The rights and responsibilities of guardians and trustees regarding the education and upbringing of minors are determined by family law.
• Guardians are the legal representatives of their wards and have the right to defend the rights and legitimate interests of their wards in any relationship without special authority.
• The trustee can act as the legal representative of his or her ward.
• Guardians of minor citizens assist their wards in exercising their rights and fulfilling their duties, and also protect them from abuse by third parties.
• In the event of a temporary absence of a ward from his place of residence, in particular in connection with his studies or stay in a medical organization, or stay in places of serving a sentence, the exercise of the rights and fulfillment of the duties of a guardian or trustee in relation to the ward does not cease.
• Both guardians and trustees are required to:

• Takes care of the maintenance of the wards (i.e., provides them with food, clothing, etc.).
• Provide the patient with care and treatment.
• Take care of the child’s upbringing (his mental, spiritual and moral development) (the guardian or trustee has the right to independently determine the ways of raising a child under guardianship or trusteeship, taking into account the opinion of the child and the recommendations of the guardianship and trusteeship authority).
• Ensure that the child receives basic general education; The guardian or trustee has the right to choose the educational institution and form of education of the child, taking into account the child’s opinion before he receives general education. Take care of the child’s health and physical development.
• Take care of the child’s communication with his relatives and regulate the order of communication.
• Represent and protect the rights and interests of the child.

These are actual actions that, in accordance with Article 36 of the Civil Code of the Russian Federation, guardians and trustees of minors are required to perform. Legal actions of guardians (trustees) are aimed at protecting the rights and legally protected interests of wards.

Guardians and trustees are obliged to protect the interests of their wards, and, therefore, have the right and obligation:

• Submit applications for payment of benefits and pensions due to the ward;
• File claims in court for the recovery of alimony from persons obligated by law to support the ward;
• Take measures to protect the property rights of the ward (file claims to recover his property from someone else’s illegal possession, to recognize the right of ownership, etc.);
• The guardian and trustee are obliged to take care of the ward’s property transferred to them as if it were their own, to prevent a decrease in the value of the ward’s property and to facilitate the extraction of income from it.
• Make demands for compensation for harm caused to the health of the ward or his property, for compensation for moral damage caused to the ward;
• Contact medical, educational and other institutions in order to receive medical, educational and other services for the ward, both free of charge and on a paid basis;
• Protect the housing rights of the ward by filing claims for his move-in, for the eviction of persons who do not have the right to live in the ward’s residential premises, filing an application to provide the ward with residential premises, etc.;
• Apply to all other citizens, organizations, state and local government bodies, and officials in cases of violation of the rights of the ward or the threat of such a violation.

Guardians and trustees are not entitled to:

• A guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with the ward, with the exception of transferring property to the ward as a gift or for free use;
• Represent the ward when concluding transactions or conducting legal cases between the ward and the spouse of the guardian or trustee and their close relatives.
• A guardian or trustee does not have the right to prevent a child from communicating with his parents and other relatives, unless such communication is not in the interests of the child.
• Wards do not have the right of ownership to the property of guardians or trustees, and guardians or trustees do not have the right of ownership to the property of wards, including the amounts of alimony, pensions, benefits and other social payments provided for the maintenance of wards.
• The guardian does not have the right to enter into a credit agreement and a loan agreement on behalf of the ward, who acts as a borrower, and the trustee does not have the right to give consent to the conclusion of such agreements, except in cases where the loan is required for the purpose of maintaining the ward or providing him with living quarters. A credit agreement or a loan agreement on behalf of the ward in these cases is concluded with the prior permission of the guardianship and trusteeship authority.
• The guardian does not have the right to enter into an agreement on the transfer of the ward’s property for use, and the trustee does not have the right to give consent to the conclusion of such an agreement if the period of use of the property exceeds five years. In exceptional cases, the conclusion of an agreement on the transfer of the property of a ward for use for a period of more than five years is permitted with the prior permission of the guardianship and trusteeship authority in the presence of circumstances indicating the special benefit of such an agreement, unless a different deadline is established by federal law.
• The guardian, without the prior permission of the guardianship and trusteeship authority, does not have the right to carry out, and the trustee does not have the right to give consent to, transactions for the rental of the ward’s property for rent, lease, free use or collateral, for the alienation of the ward’s property (including exchange or donation) , making transactions entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, and the completion of any other transactions entailing a decrease in the value of the ward’s property.

Prior permission from the guardianship and trusteeship authority is also required in all other cases if the actions of the guardian or trustee may result in a decrease in the value of the ward’s property.

Guardians and trustees have the right:

• A guardian or trustee has the right to demand, on the basis of a court decision, the return of a child under guardianship or trusteeship from any persons holding the child without legal grounds, including from parents or other relatives or adoptive parents of the child.
• The guardian has the right to deposit the ward's funds, and the trustee has the right to give consent to the deposit of the ward's funds only to credit organizations, at least half of the shares (shares) of which belong to the Russian Federation.

1. In the interests of the ward, the guardianship and trusteeship authority in the act of appointing a guardian or trustee or in the agreement on the implementation of guardianship or trusteeship may indicate certain actions that the guardian or trustee does not have the right to perform, including prohibiting the guardian or trustee from changing the place of residence of the ward, as well as in order to take into account the individual characteristics of the ward, establish mandatory requirements for the exercise of the rights and performance of the duties of a guardian or trustee, including such requirements that determine the specific conditions for the upbringing of a minor ward.
2. Any actions (inaction) to exercise guardianship or trusteeship by a guardian or trustee of a child may be appealed by parents or other relatives or adoptive parents of the child to the guardianship and trusteeship authority.
3. If the guardian or trustee does not obey the decision of the guardianship and trusteeship authority, the parents or other relatives or adoptive parents of the child have the right to apply to the court with a demand to protect the rights and legitimate interests of the child and (or) their rights and legitimate interests.
4. Failure to comply with a court decision is grounds for removing a guardian or trustee from performing their duties.
5. Responsibilities of guardians and trustees:

• Guardians are responsible for transactions made on behalf of the wards.
• Guardians and trustees are responsible for damage caused through their fault to the person or property of the ward.

If it is discovered that the guardian or trustee has improperly fulfilled the duties of protecting the property of the ward and managing the property of the ward (damage, improper storage of property, spending property for other purposes, taking actions that entailed a decrease in the value of the ward’s property, etc.), the guardianship and trusteeship body is obliged to draw up a report. this act and present a demand to the guardian or trustee for compensation for losses caused to the ward.

Guardians and trustees bear criminal liability and administrative liability for their actions or inactions in the manner established, respectively, by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Legal services :: What are the features of the rights and responsibilities of a ward child, the rights and responsibilities of a guardian (trustee)?

A child under guardianship (trusteeship), including children living in foster families, and in cases provided for by the legislation of constituent entities of the Russian Federation, in foster families: 1) has the opportunity to be raised and live in the family of a guardian (trustee), to experience his care.

For a child who has reached the age of 16, the guardianship and trusteeship authority allows separate residence, provided that this does not harm his development, rights and legitimate interests; 2) has the right to upbringing, education, comprehensive development and respect for his human dignity; 3) has the right to alimony, benefits and other social payments; 4) retains ownership of property, including real estate, residential premises; retains the right to use residential premises, and in its absence has the right to obtain housing in accordance with housing legislation. According to the Federal Law “On Additional Guarantees for Social Support for Orphans and Children Without Parental Care,” the housing provided to them must be equivalent to the previously occupied one, not lower than established social norms; 5) has certain rights provided for in Art. Art. 55 - 57 of the RF IC, namely: a) can communicate with parents and other relatives (if this does not contradict the interests of the children and the parents are not deprived of their rights); b) is protected by law from abuse by parents and persons who replace them . In this case, the child is allowed to independently apply to the guardianship and trusteeship authority; c) has the right to express his opinion when resolving any issue affecting his interests, as well as to be heard during judicial or administrative proceedings. From September 1, 2008, children under guardianship have the right to maintenance, funds that are paid to them monthly in the manner and amounts established by the law of the constituent entities of the Russian Federation. In accordance with Art. 37 of the Civil Code of the Russian Federation, the guardian (trustee) is obliged to spend these funds exclusively in the interests of the ward. This means that they must be spent on meeting the daily needs of the ward for food, clothing, etc. Children for whom a guardian or trustee is appointed at the request of the parents when, for good reasons, they are temporarily unable to raise children (Part 1, Article 13 of the Law on guardianship and trusteeship), maintenance is not paid. And this is understandable: although parents in such cases do not live with their children, they are obliged to support them at their own expense. According to Art. 17 of the Law on Guardianship and Trusteeship, a guardian (trustee) does not have the right of ownership of the property of his ward (and vice versa). This also applies to alimony, pensions, benefits, and other social payments. Wards have the right to use the property of their guardians (trustees) with their consent. As for the property of wards, guardians (trustees) can use it only in one case: when this is provided for in an agreement on paid guardianship or trusteeship. In this case, the contract must indicate exactly what property is allowed to be used and within what period. The guardianship and trusteeship body has the right to prematurely terminate the use of the ward’s property if the guardian (trustee) does not fulfill his duties or performs them improperly, significantly violates the property rights and interests of his ward (Part 3 of Article 16 of the Law on Guardianship and Trusteeship). Rights and The duties of a guardian (trustee) arise on the basis and from the moment the guardianship and trusteeship body adopts an act on his appointment in this capacity. The act, we recall, must indicate how he fulfills his duties - for a fee or free of charge. In accordance with Art. 15 of the Law on Guardianship and Trusteeship, the guardian is the legal representative of the ward and has the right to act in defense of his interests without special authority. Trustees provide wards with assistance in exercising their rights and fulfilling their duties, and also protect them from abuse by third parties. Guardian (trustee) replaces and, in a certain sense, replaces the child’s natural parents. Therefore Art. 15 of the Law on Guardianship and Trusteeship both obliges and authorizes him to educate his wards in caring for their physical, mental, spiritual and moral development. When choosing methods of education independently, he is obliged: 1) to take into account the opinion of the child and the recommendations of the guardianship and trusteeship authority; 2) to comply requirements of paragraph 1 of Art. 65 RF IC. This means that the guardian (trustee) cannot exercise his rights contrary to the interests of the child; does not dare treat him disdainfully, cruelly, rudely, humiliatingly, insultingly; dare not exploit children. Cruelty to wards entails criminal liability under Art. 156 of the Criminal Code of the Russian Federation. Like parents, the guardian (trustee) chooses, taking into account the child’s position, the form of his education (for example, home school, external study). In this case, the child must receive general education (graduate from high school). If several guardians (trustees) are appointed, their responsibilities for caring for the child, for his education and upbringing are distributed in accordance with the act of appointment or the agreement on guardianship or trusteeship. If these responsibilities are not distributed, they bear joint liability (Part 9 of Article 10 of the Law on Guardianship and Trusteeship). Children under guardianship (trusteeship) retain the opportunity to communicate with their blood parents and other relatives (unless, of course, the parents deprived of their rights in court). But such communication is unacceptable if it is harmful to the child. At the same time, parents (other relatives, adoptive parents) have the right to appeal the actions of the guardian (trustee) to the guardianship and trusteeship authority, and if this does not bring the required result, to the court. Guardians (trustees) has the right to demand the return of a ward detained illegally by any persons, even his parents. Cases in this category are decided by the court in the manner of claim proceedings. The claim may be rejected if the return is contrary to the interests of the child. As a rule, such a court decision is followed by removal from guardianship or trusteeship. In accordance with Art. 36 of the Civil Code of the Russian Federation, guardians and trustees are required to live together with their wards. Living separately with a child who has reached 16 years of age is permissible with the permission of the guardianship and trusteeship authority, provided that this does not harm his upbringing or violate his rights and interests. Guardians (trustees) are required to notify the guardianship and trusteeship authorities of a change in their place of residence, and also the place of residence of his ward no later than the next day after departure. Article 37 of the Civil Code of the Russian Federation establishes: the income of the ward (including from the management of his property; the amount of alimony, pensions, benefits and other social payments), except for those that he has the right to dispose of independently (for example, a child from the age of 14 manages his own earnings, scholarship, royalties, etc.), are spent exclusively in his interests and with the prior permission of the guardianship and trusteeship authority. Without such permission, the guardian or trustee has the right to spend only the amounts necessary to support the child (food, clothing, etc.). Unless the guardianship and trusteeship authority gives permission in advance, the guardian cannot commit, and the trustee cannot give consent to the ward: 1) to transactions for alienation (purchase and sale, exchange, donation, etc.), rental (rent), for free use or as a pledge of his property; 2) for transactions entailing the renunciation of rights belonging to the child, division or allocation of shares from his property; 3) for any other transactions entailing a decrease in this property. The guardian, trustee, their spouses and close relatives do not have the right to enter into any transactions with the ward, except such as transferring property to him as a gift or for free use. A guardian or trustee cannot represent his ward in transactions or in legal proceedings with the spouse or close relatives of the guardian (trustee). If it is necessary to constantly manage real estate or other property of the child, the guardianship and trusteeship authority (in accordance with Article 38 of the Civil Code of the Russian Federation) enters into a trust agreement management with a person who appoints himself (the so-called trustee). In this case, the guardian or trustee retains his powers regarding the property not transferred to trust management. In the interests of the ward, the act of appointment or the agreement on guardianship or trusteeship may indicate actions that the guardian (trustee) does not have the right to perform, including a ban on change of the child’s place of residence. In addition, an act or agreement may prescribe specific conditions for raising a child, which is determined by the individual characteristics of his personality (Part 4 of Article 15 of the Law on Guardianship and Trusteeship). For harm caused by children, guardians (trustees) are responsible in the same way as and parents. Guardianship is established over minors (children under 14 years of age), guardianship is established over minors aged 14 to 18 years. Guardians enter into all necessary transactions on behalf of the wards. Guardians give consent to transactions that persons from 14 to 18 years of age cannot carry out independently (for example, real estate transactions). As a general rule, guardians (trustees) are appointed at the place of residence of the children and, as an exception (for example, when the child already lives in his family) - at the place of residence of the guardian (trustee). From September 1, 2008 (from the date of entry into force of the Law on Guardianship and Trusteeship), a child who has reached 10 years of age can be placed under guardianship or trusteeship only with his consent, and children younger children - taking into account their opinions. Moreover, children, starting from the age of 14, have the right to independently submit to the guardianship and trusteeship authority an application for the appointment of specific persons as trustees (Part 3 of Article 13 of the Law on Guardianship and Trusteeship). According to the previous legislation, brother and sister (brothers) and sisters) could be transferred under the guardianship or trusteeship of different persons - the Civil and Family Codes of the Russian Federation did not prevent this. From September 1, 2008, brothers and sisters must be cared for by one person (several people at the same time), except in cases where this is contrary to the interests of the children themselves (for example, if they are psychologically incompatible, which must be confirmed by a specialist opinion; if the boy is attached to his adult brother , and the girl goes to her aunt).

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