Guardianship is regulated by Federal Law of 24.04.2008 N 48-ФЗ "On Guardianship and Trusteeship" and the provisions of the Civil Code of the Russian Federation. The grounds for termination of these legal relations are set forth in the articles of these regulatory legal acts.
You will need
- - court decision;
- - a written refusal;
- - passport.
Instruction manual
1
Examine guardianship laws. For citizens who have not reached the age of fourteen years and who have been declared legally incompetent by the court, the guardianship authority appoints legal representatives authorized by law to carry out various legally significant actions on behalf and in the interests of their wards. Liabilities may terminate for various reasons.
2
You must terminate the obligation as soon as the court decides to recognize the guardian citizen as having legal capacity. Guardianship over citizens who are over 14 years old, terminates, if necessary, trusteeship is appointed, up to the age of 18 years of the ward. In this case, the basis for the cancellation of the decision of the guardianship authority will be a court document.
3
Guardianship also ceases in those cases when the ward or guardian has died. It is only necessary to provide a copy of the death certificate to the guardianship authority. Guardianship authorities may appoint a new guardian, if necessary.
4
Check if the special document, the act of the appointment of the guardian, has expired. Upon the expiration of the date, extend the legal relationship or terminate them on the grounds specified by law.
5
The guardian must refuse, by the decision of the guardianship authority, to discharge his duties even when the ward was adopted or taken away by his parents for upbringing. Here, a written expression of will is necessary, on the basis of which a decision is made on the abolition of guardianship.
6
The guardian can be released from the performance of his duties at their request, in view of the final or provisional decision of the guardianship authority, and also when there are contradictions between the interests of the ward and the interests of the guardian or curator. For example, in matters of alienation of property or choice of place of study.
7
Keep track of the legal actions of the guardian. How thoroughly and in accordance with the law he fulfills his duties. Check for violations of the rights and legitimate interests of the ward, the pursuit of selfish goals by the guardian, systematic - more than two times - leaving the ward without supervision and necessary assistance. Does the guardian use physical force, does not exert psychological pressure.
8
The guardian should be familiarized with the list with his list of duties. It is enough to remove the guardian from his post in order not to subsequently receive repeated guardianship, even over another person.
note
The decision to cancel custody can be challenged in court.
Useful advice
Carefully observe all duties of a guardian. Any offenses are recorded by a specially created commission. By decision of the guardianship authority, on the basis of an act on a particular illegal act, custody may be lost.
