Disabled citizens by virtue of the law do not have the right to dispose of property at their own discretion. In this regard, relatives need to take special measures to gain access to the personal funds of the incapacitated person in the savings bank.
Features of issuing a power of attorney for a legally incompetent
Disabled persons are persons who have been declared insane or terminally ill by the judicial and medical authorities. The corresponding order is issued to relatives representing the interests of this person in court. Disabled persons do not have the right to dispose of their money, even if they have a previously opened account or savings book in the bank. In addition, they cannot take part in the preparation of official documents to which the power of attorney relates.
Disabled citizens must be assigned a guardian who will represent and protect their state rights in various organizations, as well as dispose of property. To obtain the appropriate authority, you must contact your local guardianship authority. It is worth remembering that not every citizen, even if he is the closest relative of an incapacitated person, can become his guardian. For this, a thorough documentary and personal verification is carried out.
A citizen who decides to become a guardian is obliged to submit to the appropriate authority such documents as:
- certificate from the place of work;
- expert opinion on the current state of health;
- written permission from the rest of the family members (if they are over 18 years old) to live together with the guardian and the incapacitated;
- autobiography.
Also, the guardianship authority will carefully examine the candidate's passport, request documents on his marital status and note the address of his current residence permit. It will take some time to check all papers and data, after which the candidate will be invited for a personal conversation. The representatives of the guardianship authority will ask a list of questions, on the basis of which they will form an opinion about the suitability of a person for this responsible role.
The next stage of the check will be a visit by representatives of the organization to the place of residence of the candidate for guardians (where he plans to live together with an incapacitated citizen). All living quarters must comply with sanitary and technical standards. On the basis of this, a certain decision is made, and in case of a positive outcome, the citizen receives documents that officially recognize him as the guardian of an incapacitated person.
When can a power of attorney be dispensed with?
There are situations when family members independently consider a certain person (for example, an elderly grandmother or a disabled relative) to be incapable of independently managing their bank savings, replenishing them and withdrawing from the account. If the corresponding citizen at the same time remains sane, that is, he continues to think soberly and give an account of his actions, you can ask him to issue a power of attorney for one of the relatives so that he can withdraw funds from the savings book.
It is best to draw up a power of attorney in the presence of a notary, who will confirm the authenticity of the documents and the legality of their execution. After signing the power of attorney by both parties, it will have legal force, if necessary, to dispose of the principal's money.
How to withdraw money from a savings bank
If a citizen is officially recognized as incapacitated, the guardian must contact the guardianship authority and request permission to withdraw funds from the savings account of the ward. As part of the procedure, a statement is drawn up in which you need to indicate the amount of the amount received and the purposes for which it is planned to spend it (they should apply only to the person under guardianship). In response, the guardianship authority issues an appropriate permit, with which you can already go to the bank.
Directly at the bank, the guardian must submit personal documents and permission from the guardianship authorities, according to which the required amount of money will be issued. If guardianship has not been formalized, and there is a power of attorney certified by a notary, the bank will also provide access to the funds on the principal's savings book.
