Requirements for guardians and guardians of a minor child: who has the right

The protection of children is a priority of the social policy of the Russian State.

Therefore, those who wish to take care of a child or a disabled adult are encouraged by the relevant authorities.

The guardians may be relatives of the child, family friends and childless couples, and the requirements for guardians are laid down in the Federal Act "On guardianship and guardianship", but it clearly defines who may be the guardian of the child and under what conditions.

To whom is guardianship or guardianship established?

Care includes care and supervision of people who cannot support themselves; it is established as follows:

The assignment of guardianship is to ensure proper care of the wards, to protect their rights, and, in the case of children, to provide for their upbringing and education.

There may be many reasons why a child needs the care of persons other than his or her parents: the ancestors are deprived of parental rights; the parents of the child are under 16 years of age; both parents have died or are in prison or have evaded their parental responsibilities.

Some lousy ancestors don't want to take a baby out of a hospital or boarding school, but there are those who voluntarily give up parental debt, and children whose ancestors are dangerous to their lives need custody.

Claims against guardians

The guardianship authorities will allow the child to be taken care of in accordance with the candidate ' s requirements as follows:

1. The age of 18 years;
2. Normal physical and mental health;
3. The possession of moral qualities that are in keeping with the standards of morality;
4. No criminal record;
5. The candidate ' s ability to perform the functions assigned to him or her and to have a positive influence on the client;
6. The level of income should allow the guardian to take care of the child.

The guardianship authorities control all funds made available for the maintenance of a child under guardianship, and his relationship with a guardian plays an important role in the selection of a future guardian.

If representatives of the relevant authorities have found that the child is not being treated in a family environment by other relatives, the candidate will be denied the right to care for him or her.

In order to ensure that the applicant ' s information is true, the guardianship authority has the right to make a request to any authority, and its staff collect information on the applicant ' s moral and moral integrity.

From what age can you become a guardian, and to what age?

A citizen between the ages of 18 and 60 may become a guardian and the candidate must be 16 years or more older than his/her guardian.

But if a relative takes care of the magic, then his age is of no particular importance.

The main condition is that the guardian is of full age; the upper threshold for guardianship is 80 years, but the care of a man over that age can be passed on to a relative if his state of health is found to be satisfactory.

Capacity

Only capable persons are entitled to care for the child, i.e. if they do not have limitations on their capacity as a result of a court decision.

Not deprived of parental rights, custody

Only those who have never been deprived of their parental rights, and those who have not previously been removed from their guardianship obligations and adoption rights through their fault, will be entitled to custody.

Passing the medical board

In addition to a therapeutic examination, the candidate must be examined by a drug doctor, an infectious person, a fitness agent and a psychiatrist.

He is also assigned a fluorographic pulmonary examination, a blood test for RW, hepatitis.

No disease

Decision No. 117 of the Government of the Russian Federation of 14 February 2014 contains a list of diseases that the future guardian should not have:

1. Pulmonary tuberculosis, consisting of 1 and 2 screening units;
2. Communicable diseases;
3. Tumor processes in different organs at the last stages of the disease;
4. Behavioral disorders and mental illness;
5. Drug and alcohol addiction;
6. Diseases and injuries leading to the first category of disability.

It is prohibited to transfer the right to care of a child to persons suffering from alcoholism or drug addiction, as well as to those who, for reasons of health, are unable to provide adequate care for the child.

Sanitationd housing

• The guardianship authorities are obliged to examine the housing conditions of the prospective guardian for compliance with the requirements of the health regulations.
• This means that he must live in good living conditions, and the size of the dwelling allows him to have a place to play, study and sleep.
• If care is provided for a disabled child, he or she should have a separate room.

No convictions

1. Persons with a criminal record, or who were once in prison and under investigation for offences against the life and health of persons, are not entitled to engage in guardianship activities.
2. This rule applies to both perpetrators of sexual offences and crimes against children.
3. If unlawful acts against public security and the peace of mankind are established, the candidate will also be placed in guardianship.

Unrequited criminal record is also a reason to refuse custody.

Absence of homosexual union/marriage

Persons married between members of the same sex may not become guardians.

It would also deny guardianship to nationals of States where such unions were legalized and where members of minorities were allowed to marry.

Completed school for foster parents and guardians

Candidates who have not completed psychological, pedagogical and legal courses, pursuant to article 127, paragraph 6, of the Family Code of the Russian Federation, will not be entitled to take care of the child.

Priority of relatives

Grandparents, brothers and sisters of children have an advantage over other persons in caring for them. Article 14 of the Family Code of the Russian Federation refers to the next of kin of the child in a straight line (parents and grandparents) as well as brothers and sisters with parents.

Can a disabled person be a guardian?

The right of guardianship over the Chad will not be transferred to the person with the first category of disability; in other cases, the rules concerning the health of the candidate apply to those with other groups of restrictions on health.

Child ' s consent

The consent to live in a new family was mandatory, and if the child was 10 years old, his decision would be fundamental when appointing a guardian.

In the event of an accident in the family, with a brother or sister, grandson or nephew left without parental care, a relative has the right to help the child by taking care of him or her.

Care is needed for children living in boarding schools and shelters and for those whose parents are unable to care for them because of their health condition; the candidate for guardianship must comply with certain rules in order to obtain permission for guardianship; a person who wishes to become a guardian must be examined for his or her suitability for this activity.

The priority in choosing the person to be given the right to care for the child remains with the next of kin.

The candidate should not be infected with tuberculosis, cancer and infectious diseases, suffer from mental disorders, as well as alcohol and drugs, and should also meet the requirements of guardianship.

Dear readers, the information in the article may have become obsolete, use free advice by telephone: Moscow+7 (499) 288-73-46Saint Petersburg+7 (812) 317-70-86or ask the lawyer through the feedback form below.

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Who can be the guardian of a minor child?

• The issue of guardianship is often too difficult to resolve, forMany people don't know the basic requirements for potential guardians..
• In addition to all the difficulties encountered in the preparation of such a procedure,potential guardians will have to prove their financial and moral integrityto become an official representative of the child.

Dear readers!Our articles describe model ways of dealing with legal issues, but each case is unique.

If you want to know,How do you solve your problem -- you can use the form of an online consultant on the right or you can use the phone downstairs. It's quick and free!

Who's gonna sign up for custody?

The Civil Code of the Russian Federation defines an entire list of requirements for guardians.Such requirements relate not only to a person ' s social status but also to his or her moral qualities.

The guardianship authorities always give preference to relatives.that's why.Grandparents, grandparents, aunts and uncles can take responsibility for the child.What are the requirements for the identity of a person seeking custody?

• The guardianship authorities checkThe moral qualities of the human beinghis personal achievements;
• Only a person with a child can become a guardian.No convictions and no serious criminal record;
• Financial level of wealthA potential guardian must be tall so that he or she can safely support the child ' s normal life;
• A man like that.There must be some real estate.and it must include all the conditions for the child ' s residence;
• If the guardian himself has reached a conscious age, the guardianship authorities always do.Take his opinion into account in the final selection of the guardian;
• The relationship between the child and the guardian must be friendlyand compliance with this requirement often has a strong impact on the final decision.

1. So,Not only a family member but also a person on the outside may become a guardianif his moral qualities are not questioned, aFinancial well-being is at the right level.
2. In that case,If the guardianship authority learns that a child needs a guardian, a suitable candidate must be found within a month..
3. If not, for the time beingThe representatives of the guardianship authorities assume responsibility for the care of the child.
4. If, in the process of finding the person responsible for the child, the child is in educational or social institutions,It is the staff of this location who have custody responsibilities..

Can a pensioner become a guardian?

• When there's a blackout in the family and a minor child needs a guardian, that's it.Grandparents try to assume such a responsibility..
• So the pensioner, if his or her state of health permits, can be calm.to be a responsible representative of the child.
• Article 146 of the Criminal Code stipulates that the guardians of a child may be adults who are fully capable and not deprived of parental rights.
• The pensioner ' s claimsTo get custody of the child.:

1. Pensioner ' s financial meansmust be consistent with the one established by the guardianship authorities as sources of income.Pensions and pensioner ' s salaries are taken into account.
2. A potential guardian, despite his age, must have excellent health,Be free from chronic diseases and disabilitiesPersons with disabilities in group I are prohibited by law from becoming children ' s representatives.
3. A pensioner, like any other potential representative of a child,must have no criminal record and no police record..

Despite the widest list of demands, the flow of pensioners,to take care of the child(most often a grandson or great-grandchild) is not decreasing.

Documents for the processing of the procedure

1. MainDifficulties in the processing of guardianshipIt is the collection of documents that happens because the list of required papers is indeed large.
2. All requirements for applicants must be documented.
3. So, background papers and documents thatYou're gonna need a potential baby representative.:

• An extract from the home bookconfirming the availability of housing and its characteristics;
• H.E.A. Helpwhere it is stated that a person has no criminal record;
• Documents from the workplace confirming allSource of income;
• Medical certificatesindicating the normal state of health of the potential guardian;
• Marriage certificates, as well ascopy of passport;
• Certificate of special training for prospective parents (required if the potential guardian did not have his or her children);
• It's a very good personality profile.

If a child in need of custody has reached the age of 10, the authorities making the decision may request the child ' s written consent to the procedure.

Example of the characteristic from the place of work

By the way,a guardian's characterization is the most important document.This report notes the main features of a person ' s curriculum vitae, his level of education, his place of work,degree of preparedness for future responsibilities.

The characterization must be based on the declared model, which can be easily downloaded here.

Alsoyou can ask the employer or neighbour to draw up a profile.confirming all the words of a potential guardian.

In addition to the biographical information, the paper indicates the age, place of residence and state of health.A full portrait of a person can be drawn.

Duties of guardians (guardians)

When a person takes care of a child, he takes on a whole range of responsibilities, and he must become a real parent for the child:

• First, the person responsible for the child is under an obligationEnsure that the child receives a proper educationwithout need of anything, and have lived in abundance;
• Secondly, the guardian mustTo monitor the child ' s healthto treat him if there are any problems with his well-being;
• Third, guardians must live with the baby,Providing it with all the conditions for normal development.

Besides,The child ' s representatives are required to report a change of residence to the guardianship authoritiesand any significant changes in the fate of the ward.

With regard to custody of children by living parents, we recommend that we read the article.

• Anyway, taking care of the baby is his.A representative must exercise the highest possible parental caremonitoring the moral and physiological development of the tiny.
• Despite the fact thatThe guardianship procedure is complicated.and often takes several months, as a result, a person receives an invaluable reward for his efforts.
• Securedideal child carehe creates better family conditions for him, in return for the child's gratitude and love.
• What is custody and who can become a guardian will tell the video:

Page 2

Children ' s rights, as well as the protection of motherhood and paternity, begin when the child is born.Sometimes it's hard to determine the origin of a child.What should be done in this case? Most often, go to court.

The nuances of the procedure for determining the child's origin — Read further...

A man who understands the full measure of responsibility and agrees to recognize a child born out of wedlock is not always aware of the manner in which he/she acts to do so.

On the procedure for the voluntary determination of paternity, read further...

Old age will come to everyone sooner or later. Unfortunately, not everyone stays active and reasonable for the rest of their lives.loses the ability to make decisions and dispose of their propertyIn such cases, the question always arises: Who will come to help?

How to formalize guardianship over old people, read next...

The procedure for the child's departure abroad is read further...

1. Most people love and care for their children, trying to raise them well, teach them a variety of life skills and provide the best education.
2. In doing so, they do not realize that they are fulfilling their parental responsibilities in accordance with the requirements of the articles of the law.
3. Which laws record the duties of parents as follows...

• The State is the subject of special custodyfamilies in which children with disabilities live.
• The Government of the Russian Federation has developed a wholeSet of special measures relating to various social sectors.
• Regarding the benefits provided to parents of disabled children, see article...

The laws of the Russian Federation are protective of children ' s intereststhat's why you're encouraged to bring up children who are neglected and under the control of their loved ones in a family environment, for what reason.Any form of adoption, guardianship, foster family is acceptable.

And what's the difference between these forms of child care, let's see...

Adults don't always realize thatThe child has his or her rights, too.However, the Family Code of the Russian Federation protects these rights along with the following:Universal Declaration of the Rights of the ChildThe failure to respect these rights, the infringement of a small person ' s rights in any of the legally guaranteed rights, is punishable, so don ' t think that adults are allowed everything.

What principles of the Declaration are in question, read further...

Increasingly, in today ' s world, women are raising a child on their own without the help of their fathers.Single mothers are entitled to certain social benefitsbut it is sometimes very difficult to decide on the status itself.

What benefits and how to receive further...

A number of measures in our State ' s social policy are aimed at supporting families with children.Disbursements, both lump sum and monthly, birth certificates and maternal capital certificatesas well as various benefits for families with many children.

To find out more about the list of benefits as well as the amount of the benefits, see below...

Requirements for guardians and trustees (FRC)

Legal advice > Family law > Adoption and guardianship > What requirements exist for guardians and guardians, how they differ

A minor cannot live without an adult, so if parents are unable to care for him, appoint guardians or guardians, how this is done, and what is the difference between the two, the requirements for guardians and guardians, will be discussed in the article below.

• Dead;
• Have become incompetent (i.e. they themselves need custody and care);
• Derogated parental rights;
• They cause harm to the child (beating, depriving of food and other necessary things, not monitoring development, allowing crimes to be committed, leading a social life, etc.).

The guardian is appointed by the court after the necessary documents have been made available (they can be consulted in the Civil Code) and it is only possible to become a guardian voluntarily by agreeing to care for the child.

A guardian is appointed for children under 14 years of age, as well as for adults who, due to illness or injury, have become incompetent; the guardian has the right to make various financial and property transactions on behalf of the guardian as if they were his parents.

Trustees

The guardianship is another form of care and upbringing for minors if the parents fail to do so.

Only adults (most often relatives) who have agreed to do so voluntarily may be both guardians and guardians.

Varieties

Further details on differences in the concepts of guardianship and guardianship in order to learn the legal nuances

Caregivers	Trustees	Adoptions (adherents)
Degree of consanguinity	They remain to the extent of the relationship that exists in fact.	They remain to the extent of the relationship that exists in fact.	Accepting a child as a blood relative, becoming a parent
Age of guardianship	Younger than 14	Over 14 years of age	Any age under 18
The need to live with a child	Always.	Always.	Always.
Participation in property transactions	Performs on behalf of the trustee	Performs custody with the consent of the guardian	The same rights as parents
Succession	He inherits from the will of the guardian or the share due to the carer as a blood relative of the guardian	He inherits from the guardian's will or a portion which is due to the guardian's blood relative.	He/she inherits the property of the adoptive parents on the rights of the natural child
Change in passport data	Impossible	Impossible	You can change your last name and patronymic, less often your first name.
Assistance from the State	Disbursements and benefits payable	Disbursements and benefits payable	No special benefits are granted, just like parents.
Feasibility of termination	Once another form of device (adoption or guardianship) has been established, by decision of the guardianship authorities or after the expiry of the period (if appointed)	After adoption, after 18 years, by decision of the guardianship authorities or after the expiry of the period (if appointed)	Parental rights may be revoked if the child ' s interests are violated

Requirements for guardians and trustees

The financial situation of the future guardian must be taken into account — whether he or she can support a child without denying him or her the necessary things, but what is important is the signs that money cannot measure – moral behaviour and the desire to influence the carer positively.

If a guardian is able to express his or her wish, he or she must be taken into account and the wishes of the future guardian or guardian must also be taken into account; no child may be raised against his or her will.

Who cannot be appointed guardian/guardian

It would seem that the demands are simple, but there are many people who don't.

• People who have committed serious crimes;
• Parents, adoptive parents and guardians who were once deprived of parental rights (exempted from guardianship);
• Various addictions (alcoholism, drug addiction);
• People with chronic diseases that pose a threat to the child (communicable diseases, tuberculosis, mental disorders);
• Persons with disabilities;
• Same-sex couples married under the laws of the countries where this is permitted;
• Citizens of States where same-sex unions are permitted if they are not heterosexual.

The last two paragraphs were highly controversial, but the legislation did not currently consider it possible for children to be raised by same-sex couples.

Rights and obligations

If a guardian has any property or income, the guardian shall control it, but only in the best interests of the child.

It is only for the parents who are deprived of their parental rights not to appear in the child's life.

Otherwise, it is the primary duty of the guardian to uphold the interests of the child, to protect him from possible violations of his rights and to raise a worthy person.

Benefits and payments

The guardians have a number of benefits:

1. Part-week or part-time work (this rule only applies up to 14 years of age);
2. Work on night shifts and trips may be refused if the person concerned is less than 5 years of age;
3. The guardian may be entitled to leave at the time of the child ' s admission to the higher education system or to the higher education system;
4. Have tax benefits for adoption and a deduction for the education of a child;
5. Receives monthly payments from the State.

In doing so, children are given custody free of charge – they do not owe any payment to guardians and guardians, and after their majority, the guardian does not have the right to claim child support.

Responsibility

A guardian or guardian who has been removed is not entitled to claim custody of his or her children; however, if he or she decides to take care of his or her own children, the suspension does not mean that he or she is deprived of his or her parental rights.

Control authorities

The child ' s life in the new family is monitored by the local guardianship authorities; specialists come to foster care once in a certain period of time, investigate the child ' s living conditions, determine his or her level of development and ensure that the child ' s interests are respected; these tests do not take place more often than once a month.

Look at the video on the forms of placement of orphans:

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Who can be the guardian of a minor child?

Recent developments: May 2023

The State takes care of its minor citizens and, without parental care, the child is given custody with careful supervision by the State.

In providing care and care for minors in need, the first step is to consider options for the granting of guardianship by close relatives, who may become the guardian of a minor child, and in the absence of applicants for guardianship, the child is placed under the supervision of State social institutions.

In order to ensure that the rights of the minor in need of care are not infringed, the law establishes a list of the requirements to be met by the alleged guardian, as well as a clear procedure for the reconciliation and transfer of the child.

What is the basis for the applicant's guardianship?

The basic provisions for the custody of citizens under the age of 18 are laid down in Act No. 48-FZ (last version of 31.12.2017). The lack of definition of procedure, legal aspects, harmonization rules and requirements for a guardian has led to the adoption of a separate legislation.

In addition to the provisions of federal law, general information and criteria for selecting a candidate for the status of guardian of a minor can be found in the Criminal Code of the Russian Federation; it is clearly not enough to take care of a child without parents.

The competent public authorities must provide credible proof of compliance with the high standards of moral and ethical standards, as well as material security to enable the carer to enjoy a decent standard of living.

In order to become a guardian, a citizen must determine his or her conformity with the parameters of the guardian set out in the Criminal Code, and all measures taken to establish guardianship are in accordance with the family law in force.

Under article 146 of the Family Code, an able-bodied citizen who has reached the age of majority, has no previous obligation to raise and care for minors, is not deprived of the rights of a parent with respect to his or her own children and has no criminal record.

A citizen with good health will be able to assume responsibility for ensuring a child ' s decent living conditions; if the disease is diagnosed from a special list (see Government Decision No. 117 of 14 February 2013), agreement will be refused.

• Prior to the initiation of intensive formalities, it must be borne in mind that custody of a child over the age of 10 can be transferred only if he or she gives his or her consent.
• As the most likely and desirable candidates for the status of trustee, Law No. 48FZ considers:

• Parents;
• Brothers or sisters who have reached the age of 18;
• Other persons who are close to or relatively close to each other.

When is custody possible?

The death of blood parents is not always the reason for the need to determine a guardian; sometimes they are not available for other reasons:

• Avoidance and failure to fulfil the obligations of care, education, maintenance;
• The initial absence or lack of knowledge of parents (negativeness in the maternity home);
• Refusal of one ' s own child;
• Loss of the right to educate a person under the age of 18;
• Inability, in which adequate care for minors is not possible.

1. Separate consideration is given to the appointment of a guardian in the event that the parents themselves are sufficiently young, under the age of 16 and have not entered into a legal marriage.
2. In some cases, guardianship is a solution to the legal regulation of children's residence; in others, it is only an intermediate link to adoption.
3. We recommend reading: How is custody different from adoption?

Special features of the custody of minors

Dependent on the age of the person being raised, guardianship or guardianship is granted:

• The custody of children up to the age of 14 is exercised in the custody of the child.where the adult is fully responsible, making legal transactions on behalf of the child and making strategic decisions, in agreement with the guardianship authorities;
• In adult years, guardianship is established.in which the child makes important decisions by signing the documents on his or her own, with prior agreement by the trustee.

The guardianship rarely requires harmonization, only in cases of initial registration and status determination; after 14 years of age, the relationship becomes a guardian and guardian; when a favourable verdict is reached, the judge decides on emancipation between the ages of 16 and 18; in this case, guardianship is not required.

When a child is left without the support of an adult, the guardianship authorities search for a person who, within the next 30 days, looks after a minor; during this period, the responsibility for the welfare is vested in the official authorities who take action to agree on the custody of a worthy applicant.

If parents lose more than one child, they are not recommended to be separated in the form of guardianship, except in certain situations where it is not desirable or possible to find a place to live together, and efforts are being made to find capable persons who are willing to look after their brothers and sisters (art. 10 of FL No. 48).

Read the same: How to take care of a child.

Selection criteria

 

Special requirements are imposed on the candidate for guardianship:

• The inspection of housing conditions should demonstrate compliance with all standards (health-epidemiology, maze, comfort and upgrading).
• Analysis of the material situation, the monthly income sufficient to create a healthy environment and the necessary conditions, and taking care of a citizen under the age of 18 should not lead to additional financial problems and a reduction in the quality of life of each of the active members of the family.
• No criminal record (unliquidated or liquidated if caused by injury to health).
• Adequate wages to ensure comfortable living and development, treatment and education.
• Morality, a moral attitude that is in line with the standards of modern society.
• A stable position, respect in society, and various achievements would be in favour of the guardian ' s approval.

In the form of guardianship for children of older age, consideration is given to the opinion and evaluation of the positive relationship between the parties.

The public authorities will rely on contact with the ward, a favourable attitude, a desire, a degree of kinship (if there are more than one desire).

The law allows joint and several guardians to be held responsible for the minor.

Refusal of custody

• Limitation/deprivation of parental rights;
• Alcoholism, drug addiction;
• Loss of guardianship rights in the past;
• Loss of the status of "advertisement" by its own fault;
• Exercising the sentence for criminal offences, having a criminal record and having a record;
• Disability due to group 1 disability;
• The presence of serious dangerous diseases: pulmonary tuberculosis (1-2 p.m.), oncology (3-4 p.m. and mental disorders (1-2 p.m.) in the event of non-urgent treatment;
• Existence of non-standard sexual orientation, with same-sex marriage (if applicants are nationals of countries where such a union is permitted by law);

A great deal of nuance relates to the willingness to take care of a young citizen – the supervisory authority requires that a guardian's course be compulsory; without a certificate of success, it will not be possible to become a guardian unless the applicant is a close relative, has successful guardianship experience in the past, is the adopter of other children.

How and when guardianship ends

When acquiring the status of guardian or trustee, it must be borne in mind that the end of the term of office is related to:

• With the conclusion of a marriage union for minors;
• reaching the age of 18;
• Emancipation of the child by judicial decision (where this will is confirmed, self-reliance, lack of need for additional guardianship);
• On the personal initiative of the student, on the basis of a decision made by the guardianship board.

In the latter case, the situation will be considered on the basis of the independent application of a person under the age of 18 under the provisions of article 29 of FL No. 48.

Custody may be terminated before the age of majority if::

• The decision of the guardianship authorities to appoint a guardian was terminated;
• The guardian died;
• There is a personal desire to cancel previous obligations;
• A trusted child does not receive proper care and care, and the guardian himself refuses or refuses to perform his or her functions (the guardianship authorities detect a lack of adequate food, clothing, care, education, according to the age of the child, his or her desire and needs, separate from the guardian);
• The child ' s property and money have been used for profit by adults;
• The failure to provide medical care, care and treatment has been established;
• Leave a minor unattended.

Once the right to care for a child under 18 years of age has been obtained, the participation of the supervisory bodies will not cease. Regular checks are carried out on the performance and quality of the duties performed, and when violations are detected, an act is drawn up to justify the termination of guardianship.

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Requirements for guardians and trustees

In order to become a guardian, a number of requirements must be met: to have a living space for the child, sufficient means to provide for it, not to suffer from certain diseases or addictions, and so on.

If the candidate meets these requirements, he or she may initiate the guardianship process.

The procedure itself would not be difficult, and a number of documents would need to be collected and a statement would be made and a decision would be taken within a short period of time.

The child ' s parents are required by law to care for and raise the child.

However, different situations may arise: parents die or become incompetent, renounce parental rights themselves or harm the child, thus depriving them of their rights and so on.

If something like this happens, the child is left without custody, and if there is one who wishes to be a relative, or even a stranger, and he meets the requirements, he may become a guardian.

Once this status has been acquired, the citizen must take charge of the upbringing and maintenance of the child, and he shall have the right to conduct various transactions on behalf of the guardian and some other rights and duties, and his status shall be close to that of the parent; a guardian shall be appointed either for a minor who has not yet attained the age of fourteen or for a disabled person, such as a disabled person.

It is not the children, nor the incompetent, who are under the age of 14-18, who are legally entitled to make many decisions on their own, for example, in respect of property transactions, but the guardian will have to accept them.

Supplementary information

Unlike adoptive parents, guardians remain as related as they were before.

Regulation

A list of requirements for candidates is contained in the Civil Code, and article 146 sets out the requirements for guardians and limits for certain categories of citizens.

• The training programme to be carried out before accepting a child into the family is established by Order No. 623 of the Ministry of Education and Science.
• Health requirements and a list of diseases that citizens will not be able to become guardians can be found in Government Regulation No. 117 of 14 February 2013.
• The list of documents to be submitted is set out in Government Regulation No. 423 of 18 May 2009.
• Of course, the list of documents given is not complete; it includes only a few — the nuances of custody are regulated in a large number of pieces of legislation.

Candidates ' qualifications

The legal requirements for guardians and guardians relate, first, to the status and condition of the person and, secondly, to his or her moral character; the guardian must have the will and the capacity to raise the child, provide him or her with shelter and food, and promote his or her harmonious development.

The range of persons allowed to become guardians is limited by law, this possibility is not available to certain categories of citizens, and there are restrictions on medical grounds.

Consider the specific requirements for those who wish to become guardians:

1. They must be mature and fully capable – over a person without full legal capacity, and over himself, guardianship is required, of course, that he is not allowed to be a guardian because of this.
2. The initiative must come from themselves – one can only become a guardian voluntarily, and no one should force a person to do so.
3. Health – there are a number of medical challenges to approving a candidate.
4. Welfare - it must be sufficient to provide for the needs of those members of the family who are already in it and the child who will be taken into care. The necessary needs include food and clothing, a well-established place of residence, medical services and medicines. It is mandatory that the income level should not be below the subsistence level per person, taking into account the new child ' s arrival in the family. The applicant with income and living conditions would be better given priority if there were more than one (but the family relationship is a higher priority).
5. The lack of addictions – if a person suffers from alcoholism or drug addiction, he or she will not have the right to be a guardian; accordingly, a certificate of non-addictability will be required in the course of the process.
6. Legal purity – the applicant should not have any criminal record, including a conditional one; nor should they have a spouse or spouse of a potential guardian.
7. Living space – the applicant must be able to provide the child with a place to live comfortably, which means that he or she must have his or her own place of residence or at least a contract of employment.

Pay attention!

If there are several applicants, preference will be given to those who are related to the child.

Among other things, the guardianship authorities would have to verify the integrity of the candidate and give him full consideration to his/her candidature; the marital situation was taken into account, but was not a matter of principle.

Therefore, when choosing between several options, it is the one with whom the child has a more friendly relationship that can play a key role.

A person who wishes to become a guardian of a child must report this and begin the process within a month from the moment when he or she is in need of guardianship; if this is not the case, the responsibility for the child will rest with the guardianship officers and then the children ' s home.

Limitations

The legislation establishes special restrictions for certain persons, even if all others meet the requirements, particularly those with criminal record, addiction or serious illness.

The circle of persons

Set out the range of persons who are not entitled to custody:

1. Disenfranchised or restricted parental rights.
2. With conviction for a number of crimes, see article 146, paragraph 1, of the UK.
3. Alcoholic or drug-addicted.
4. Previously suspended from the duties of guardian or guardian and former adoptive parents, if the adoption was terminated because of their misconduct or at their insistence.
5. Persons of the same sex who marry each other in one of the States in which it is permitted, and custody of other nationals of such States is also prohibited if they are not yet married.
6. A citizen who has not completed a preparatory course will not be admitted to custody (article 126 of the UK, para. 6).

The latter does not apply to the close relatives of the child and to those candidates who previously acted as adoptive parents or guardians who do not fall within paragraph 4 of the previous list, but for stepmothers and stepfathers, training courses will be required.

Medical counter-intelligence

With some diseases, a citizen will not be able to become a guardian.

• TB of any form of containment if the patient belongs to the first, second or fourth group;
• Decompensated diseases of the motor apparatus, internal organs or nervous system;
• Malicular tumours;
• Communicable diseases until the patient is taken off medical records;
• Mental pathologies that make a citizen deemed to be limited in capacity, and even less totally incapable;
• Category I and II disability, which rendered the citizen unable to work.

It matters!

Even if the candidate does not suffer from any of the above, but lives with a person whose illness is dangerous to others, he will not be given a child.

Method of appointment

The main difficulty is most often the collection of documents – and it will require the collection and delivery of a full package to start the procedure.

• Statement;
• Autobiography;
• The income certificate, if there is a spouse, is the same as that of him;
• For pensioners, a copy of the pension certificate or a certificate from the Pension Fund;
• Documents confirming the ownership of the dwelling or a contract of employment;
• A certificate of no criminal record;
• Health status report;
• :: Certification of the completion of the preparatory certificate;
• A copy of the marriage certificate if the applicant is a member;
• Agreement with the decision to admit a child into the family by all adult members of the candidate ' s family.

Once these documents have been submitted, a survey of the applicant ' s living conditions is carried out, which takes three days, after which the report of the survey is issued in three days ' time.

The guardianship and guardianship authority shall review the documents for a maximum of ten days, after which it shall determine whether the applicant can claim custody of the child; if so, a custody contract shall be concluded.

All the requirements for guardians are reasonable and feasible for the majority of citizens. If, for some of them, the applicant is not fully satisfied (e.g., past convictions or alcohol addiction), such cases can be considered individually and, if this is in the child ' s best interests, a positive decision can also be expected.