Disabled citizens do not have the right to independently use funds in their bank account. Access to them is allowed only to the caregiver, who assumes the responsibility of caring for a person with a disability.
Registration of guardianship over the incapacitated
A person can be declared incapacitated solely by a court decision and on the basis of a medical report (for example, for physical or mental health). To protect the limited rights and interests of these persons, the law requires the establishment of guardianship over them. The guardian gets the opportunity to represent the interests of the incapacitated person in various instances and dispose of his property (in the interests of the ward).
Guardianship and guardianship authorities are involved in the registration of guardianship in case of incapacity, which must be addressed to a trusted person. This may be one of the closest relatives of the disabled person. After submitting the relevant application, the candidate needs to prepare a special package of documents, on the basis of which a decision will be made on his suitability for guardianship. These include:
- certificate from the place of work;
- the conclusion of the attending physicians on the current state of health of the candidate;
- educational document of the candidate for guardians;
- the applicant's autobiography;
- marital status documents;
- written consent from other family members (over 18 years old) to live together with the incapacitated person and his guardian (if necessary).
In some cases, the guardianship and guardianship authorities may request other documents in order to make the right decision on the appointment of guardianship. In addition, the organization without fail sends a representative to check the future joint residence of the guardian and the ward, which must meet the necessary technical and sanitary standards. Only after that, the commission notifies the candidate of the final decision and then issues documents confirming the right of custody.
Receiving money from the bank
According to article 37 of the Civil Code of the Russian Federation, the trustee has the right to spend monthly funds belonging to him on the maintenance of an incapacitated person in the amount established as the subsistence minimum per capita in the country. If the ward is an adult, funds for his maintenance may be collected without prior agreement with the guardianship authorities. In addition, the guardian is obliged to repay the loan previously issued in the bank by the incapacitated person.
In case of minority of the ward, it is necessary to first apply to the guardianship authority with an application, indicating in it the desired amount for withdrawing funds, as well as the timing of this operation. The organization will issue a certificate that will be legally binding for the bank. Visit a bank branch where a disabled citizen is a client. Provide employees with personal documents, as well as permission to issue the required amount from the guardianship authorities. For an adult ward, it is enough to provide a passport and documents for guardianship.
At the end of each month, it is necessary to make a report for the guardianship and guardianship authorities, indicating in it the amount of funds spent on the maintenance of an incapacitated citizen. You also need to indicate where the money was spent, for example, to buy food, clothing, furniture or medicine. All expenses must be real and confirmed by checks, since the guardianship authorities collect this information for the tax office.
If the account holder is not incapacitated, but is unable to independently use his account or card, for example, due to illness, you can ask him to draw up a power of attorney for one of the next of kin, who must subsequently contact a notary. This is necessary to confirm the authenticity of the document and make it legal. By power of attorney, you can withdraw funds in the amount indicated in the document. Remember that without special permits and only one passport, banks will not allow you to use another person's savings.
