Who can be a guardian and trustee
Guardianship and guardianship are established over persons who, due to objective circumstances, do not have full legal capacity. This legal status is established to protect the rights of such persons, both personal and material (property).
Guardianship is established over children under 14 years of age. Guardianship can be established over minors between the ages of 14 and 18. In this case, the guardian or trustee takes on the responsibility of raising children free of charge, i.e. do not get any benefit from it. However, the guardian or trustee is not obliged to financially provide the ward – they receive financial support from the state.
A guardian or trustee may be an adult capable man or an adult capable woman, who are appointed by the guardianship and guardianship authority as the guardian or custodian of the child. Cannot be guardians or trustees:
– persons who have been diagnosed with chronic alcoholism or drug addiction;
– persons who have been deprived of parental rights by the court, or in respect of whom a decision has been made to cancel the adoption;
– persons whose children are transferred to state support;
– incapacitated or partially capable persons;
– persons who have committed intentional crimes and convicted by the court;
– persons who have been diagnosed with a disease that interferes with the performance of the functions of a guardian or caregiver.
Establishment of guardianship and trusteeship: general provisions
To initiate this process, you must provide to the executive committee where the citizen is registered:
– application and autobiography;
– passport of a potential guardian or trustee;
– a photograph;
– a certificate of no criminal record;
– health certificate;
– marriage certificate (if any);
– other documents.
Within a month, the department of guardianship and trusteeship conducts a study on the possibility of appointing a person as a guardian or trustee. The living conditions of a person, his character traits and other aspects are studied. After that, a referral to a meeting with the child is issued.
If, in the process of meetings of the guardian (curator) with the child, good relations have developed, then the person has the right to apply for the establishment of guardianship (guardianship) over the child.
From the moment of the decision on the establishment of guardianship, the guardian takes the child to live together and acquires all the rights and obligations of the guardian (custodian).
Guardianship and trusteeship bodies
Departments (directorates) of education, as well as commissions for juvenile affairs, operate under local executive authorities. It is these bodies that perform the functions of guardianship and guardianship bodies. They are called upon to identify and keep records of orphans and children who have been left without parental care. Employees of these departments are obliged, if necessary, to conduct an examination of the living conditions of minors, to exercise control over guardians, trustees, adoptive parents.
It is the education departments of the executive committees that are responsible for making a decision on the establishment of guardianship (guardianship) over minors.
Departments (administrations) of education are also empowered to apply to court with a claim for deprivation of parental rights, for restoration of parental rights.
Rights and obligations of guardians and trustees
Guardians (trustees) must bring up minors left without parents. At the same time, they are not obliged to support children – this is the function of the state. Thus, guardians (trustees) receive an allowance from the state to provide for the child.
Guardians (trustees) are obliged to protect the personal and property interests of the wards. There is, however, a list of transactions on behalf of the wards, the conclusion of which requires the permission of the guardianship and trusteeship authority. This is, for example, the alienation of immovable property belonging to a minor.
The law prohibits civil transactions between guardians and their wards, with the exception of cases of donating any property to the ward to the guardian, if this does not violate his interests. At the same time, donation on behalf of children under 14 years old (minors) is not allowed.
It must be remembered that guardians and trustees are not heirs by law after the death of the ward. At the same time, a guardian or ward can be indicated as an heir in a will when the testator reaches the specified age.
Our lawyers have extensive experience in representing our clients in matters of guardianship and trusteeship. Our lawyers for the establishment of guardianship and trusteeship are ready to provide you with the following legal assistance in matters of establishing guardianship and trusteeship:
– oral and written advice on the establishment of guardianship and trusteeship;
– representation and protection of interests in courts on the establishment of guardianship and trusteeship;
– advice and representation of interests on the establishment of guardianship and trusteeship by foreign citizens.
If you have questions related to the establishment of guardianship and trusteeship, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
