The Russian Federation has laws that allow citizens to take care of their own and other people's elderly relatives and receive a small allowance for this. In addition, a number of regulations define other preferences for citizens who are unable to take care of themselves.

It must be taken into account that the benefit for caring for an elderly person is small. Nevertheless, in some situations it allows to solve a number of problems of people who do not want to place an elderly relative in a government institution.

Who is considered an elderly person in need of care?

The legislation clarifies the use of terms related to the age of citizens. The gradation is defined quite specifically. So:

1. Elderly people include:
   men whose age ranges from 61 to 70 years;
2. women - from 56 to 70;
3. Elderly people include citizens whose age ranges from 70 to 90 years;
4. Those who have crossed the 90-year-old threshold are usually classified as centenarians.

Please note: the following definitions of terms are used in official documents. Mistakes in their use lead to serious problems.

Forms of formal care for the elderly

According to current legislation, there are several forms of care for disabled citizens:

• Full guardianship is provided for disabled people of the 1st group and other people with serious illnesses, as well as incapacitated persons.
• patronage is carried out in relation to capable citizens whose capabilities are limited.
• As a rule, relatives take care of elderly people over 80 years of age.

Attention: the legislation does not establish a separate allowance assigned for guardianship or patronage.

Who is allowed to provide care?

Both relatives and organizations can provide care for people with disabilities. The conditions for appointing guardianship are reflected in Art.
35 of the Civil Code of the Russian Federation (Civil Code). Persons who have crossed the 80-year-old threshold, disabled people of group 1 and incompetent persons can take care of:

• relatives;
• other persons;
• social service workers.

Please note: Federal law provides for a small elder care benefit.
It is transferred to the pension account of the person under guardianship. Download for viewing and printing: Civil Procedure Code of the Russian Federation dated November 14, 2002 N 138-FZ (as amended on December 19, 2016) (with amendments and additions, entered into force on January 1, 2017)

Conditions for assigning care assistance to citizens who have reached their 80th birthday

Any person who has received the consent of the person being cared for can officially arrange for the care of an elderly person. The current legislation imposes the following requirements on candidates:

• registration and permanent residence within the borders of the Russian Federation;
• ability to work;
• lack of official employment, including registration with employment authorities;
• written approval of the ward;
• in some cases, permission from parents or official representatives is required for such activities;
• failure to receive pension or social benefits;
• age over 14 years.

Important: a schoolchild or student taking a full-time course can apply for care.

The process of applying for long-term care benefits

To assign compensation payments, it is necessary that the ward:

• reached his 80th birthday;
• or received a conclusion from a medical and social examination that he needs outside care;
• has a document confirming disability of the 1st group (except for children with disabilities).

Important: You are allowed to care for several people in need at the same time.
Additionally you need to know:

1. Compensation payments are not due if the ward receives two pensions, including one assigned for length of service in the law enforcement agencies.
2. It is not necessary to live together with the elderly person under guardianship.
3. Care responsibilities include:
   organization of catering and household services (cleaning, laundry);
4. purchasing food and hygiene products;
5. assistance in making mandatory payments from the ward’s funds.

Where to contact

Compensation is assigned and paid by the Pension Fund of the Russian Federation (PFR). Therefore, it is necessary to apply to your local office. You will need to attach the following documents to it:

1. consent of the ward;
2. a certificate from a medical institution about his state of health;
3. copies of both passports;
4. work books;
5. a document confirming the lack of registration with employment authorities;
6. for schoolchildren:
   certificate from the educational institution;
7. parental consent to perform activities to care for the elderly;
8. for students:
   confirmation of full-time education.

Attention: PFR specialists independently determine:

• whether a pension has been assigned to the candidate for compensation;
• how many pension files are registered for a disabled citizen (a special request is sent).

How much will they pay

The amount of compensation is fixed. In 2021 it was 1200 rubles. However, in some regions it increases by a multiple of the northern coefficient. The compensation is paid monthly along with the pension accruals of the elderly citizen.
A separate account with the Pension Fund is not issued for her. For comparison: close relatives caring for disabled children are entitled to an allowance of 5,500 rubles. Download for viewing and printing: Sample application for the assignment of benefits for the care of a disabled person of the 1st group or a person who has reached the age of 80

Design algorithm

In order for compensation to begin to accrue, the following actions must be taken:

1. Obtain a written statement from the senior citizen.
2. Contact the Pension Fund branch:
   personally;
3. through the government services portal;
4. through a representative (a notarized power of attorney is required).
5. Receive a response within 10 days (as long as required by law to make a decision).

The benefit will begin to accrue from the month in which the following are transferred to the Pension Fund:

• application;
• package of documents;
• but not earlier than the date on which the right to compensation arises.

The refusal is sent to the applicant within five days. If it is caused by failure to submit documents, then the applicant for compensation is given up to three months to correct errors.

Important: if circumstances arise that prevent the accrual of compensation, the recipient is obliged to report them to the Pension Fund. Five days are given for this. Information can be transmitted in person or through the government services portal.

When do payments stop?

From the beginning of the next month, accruals will stop if in the previous month:

1. the death of one of the participants in the relationship has been recorded;
2. The provision of services has been terminated and this is recorded:
   recipient;
3. a person caring for an elderly person;
4. a special inspection commission;
5. curator:
   got a job;
6. applied for a pension;
7. registered with the employment authorities;
8. the period of assignment of disability group 1 has ended;
9. the ward was placed in a social inpatient facility.

Attention: failure to provide information resulting in termination of payments leads to the collection of unreasonably transferred amounts.

Additional Information

In some cases, it is necessary to notify the Pension Fund authorities. Namely:

• if the ward has died;
• when the recipient changed his place of registration (moved).

It is possible to receive compensation for past periods:

1. So, if accruals were not made due to the fact that citizens did not apply for them, the amount for the three previous years will be reimbursed upon application. However, it is necessary to provide written confirmation of the receipt of services by the elderly citizen, as well as justify the right to assistance.
2. If Pension Fund employees are to blame for non-receipt of payments, then the debt is compensated in full.

Other types of preferences for citizens providing care

Caregiving activities for elderly people often do not allow for work activities. And this deprives a person of the opportunity to receive income not only while fulfilling his obligations, but also in the future. In this regard, the decision was made:

1. For each year of official care for an elderly person over 80 years old, 1.8 pension points are awarded.
2. To receive them, you must interrupt your work activity before leaving the job and return to it immediately after the end of the contract.

Attention: pension points are accrued on the basis of an agreement with the guardianship authorities on the provision of care for an elderly person. Without providing the document, the Pension Fund will not count this period into the pension period.

Recognition of an elderly person as incompetent for guardianship

A person can be recognized as incapable of making independent decisions when there are sufficient reasons for this and they are compelling. The regulations for holding events are prescribed by law.

There are several reasons for an elderly citizen to be declared incompetent; several reasons are recorded in legal acts:

• age when it is not possible to move independently and take care of oneself;
• mental health disorders when there is no control over one’s own actions;
• the result of a serious illness when the patient loses the ability to control his own movements. A disturbance of consciousness occurs; the patient does not understand his own actions and the actions of others.

Today, the law stipulates three types of citizen’s incapacity:

1. Age up to 18 years and after 80 years. These are two periods when a person cannot independently make legal decisions, take actions and be responsible for them.
2. Mental pathology. As a result of brain dysfunction. A citizen is not able to demonstrate adequacy in reactions to the world around him. Therefore, he is declared incompetent and a guardian is appointed.
3. Incomplete deprivation of rights, there are restrictions. But the actions and actions of a citizen are fully subject to the law; in case of violation, he will be held accountable.

The regulations for depriving a person of legal capacity are enshrined in article number 29 of the Civil Code. It is worth noting that only a court decision can recognize an individual as incapable of independent action. During the meeting, legal grounds and medical indications are considered. When legal criteria become the basis, it is understood that a person cannot be responsible for his actions and there is no control over them. When medical criteria form the basis of a decision, it is understood that a mental disorder does not allow a citizen to live a full life.

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To recognize a patient as incompetent, the following steps are taken:

• An application is submitted to the court along with a package of documents confirming the patient’s condition. This occurs either at the place of registration or at the location of the hospital;
• During the court hearing, an examination is appointed to determine the condition of the individual at the time the decision is made. If a citizen resists and refuses to undergo examination, then this is done forcibly;
• The prosecutor and the guardianship council must be present at court hearings.

After the trustee assumes his rights, he is responsible before the law for all the actions and actions of his ward.

Guardianship

Another type of care for the elderly, those in need of third-party care, or incapacitated citizens is arranged through the guardianship and trusteeship authority (TCA) .
Its essence is to transfer some of the rights of the person under guardianship to the person caring for him. The guardian is obliged not only to take care of the elderly citizen (as in the case described above), but also to protect his rights. His responsibilities include:

• consumer services for the elderly;
• management of its financial receipts;
• property management;
• participation on his behalf in official events, including courts.

Attention: as a rule, guardianship is assigned to people who are unable to care for themselves. Therefore, cohabitation of persons is encouraged.

Are caregivers paid an allowance?

At the legislative level, there is no separate allowance for guardians. These people can count on help from the state if the ward:

• crossed the 80-year-old threshold;
• is a disabled person of the 1st group or a disabled child.

At the same time, the guardian has the right to dispose of the following income of the ward:

• pension accruals;
• lump sum payments;
• social benefits.

Important: the funds of the person under guardianship may be used solely for his benefit.

Adoptive family

In many constituent entities of the Russian Federation, such programs have been productively implemented for a long time (for example, in the Republic of Tatarstan, Rostov, Kirov regions, Trans-Baikal Territory, etc.).

General essence: social security authorities enter into an agreement with an elderly person in need of care and a party willing to provide such care - to create a foster family. It prescribes all the basic conditions for actual care:

• the family’s residential address, its full composition,
• what specific outside help does the elderly person need (listed), etc.

It is quite logical that all adult members of the caregiver’s family are required to confirm in writing their consent to the creation of a foster family.

Social privilege of caregivers:

• monthly cash payments, the amount of which averages 3-10 thousand rubles. They are approved by regional parliaments depending on the financial capabilities of the corresponding budget. For older citizens who are officially recognized as needing outside assistance (for example, disabled people of the 1st degree), increased payments are most often provided;
• benefits for paying for housing and communal services - because Under the terms of the program, the residence of an elderly citizen together with a caring party is mandatory - the latter enjoy all the current benefits (federal/regional level) available to pensioners in the housing and communal services sector. Mainly, this is a 50% discount on housing and communal services payments due to a pensioner who has the status of a veteran, disabled person or other grounds for benefits;
• free travel when accompanying an elderly person in a city and intercity vehicle - when traveling with him to the place of treatment and back;
• When registering a pensioner for a foster family, the agreement must stipulate the procedure for financing the costs of his maintenance. After that, no more than ¼ of all his income remains at the disposal of the oldest person. The rest goes into the general budget “pot” of the foster family. This means that the caregiver does not spend his personal savings at all.

Other benefits

Elderly people are provided with preferences in various areas:

1. reduction in tax amount for:
   transport;
2. land;
3. real estate;
4. depending on category:
   to pay for utilities;
5. to receive free spa treatment;
6. use of urban and suburban transport (except taxis).

Important: there are no separate preferences for guardians and caregivers for the elderly. However, in some cases they are entitled not to pay for travel, for example, when accompanied by wards.

Guardianship of an elderly relative after 80 years of age

Legally unsavvy citizens often have questions about obtaining guardianship over an elderly parent or other close relatives, such as a grandparent, aunt or uncle. Is advanced age a sufficient reason to obtain guardianship?

Question

This year my mother turned 80 years old. Due to her advanced age, she needs constant care and help around the house. In addition, I doubt her mental integrity - she is forgetful, gullible, suspicious, and can easily become a victim of scammers or unscrupulous neighbors, nurses, and sellers.

How can you properly obtain custody of your mother?

Answer

Until your mother (or another relative) is recognized by the court as incompetent (or partially capable), she is not subject to transfer into guardianship. The only thing that is permissible in this case is patronage, that is, everyday help around the house, buying groceries, monitoring medication intake, accompanying you to the clinic, and so on - without the right to dispose of a person’s funds and property.

According to Russian legislation, guardianship is assigned regardless of age. The only basis for guardianship is incapacity established in court; the basis for guardianship is limited legal capacity established in court (Article 29 of the Civil Code of the Russian Federation).

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How to become a guardian for loved ones?

First of all, you need to prepare and submit a statement of claim to the court to declare a loved one incompetent, in which you set out all the circumstances indicating the inability of the elderly person to manage himself and understand the meaning of his own actions (Article 281 and Article 282 of the Code of Civil Procedure of the Russian Federation). As evidence, the claim must be accompanied by medical certificates about senile mental illness, and a petition for a forensic psychiatric examination (Article 283 of the Code of Civil Procedure of the Russian Federation), as well as documents confirming family ties or cohabitation, which gives the right to go to court.

Representatives of the Guardianship and Trusteeship Authority (on which the appointment of guardianship will depend in the future) and the prosecutor's office (who monitor compliance with the rights of citizens) must be present at the court hearing.

After the court makes a positive decision, you can begin the procedure for registering guardianship, which is set out below (Article 285 of the Code of Civil Procedure of the Russian Federation).