Guardianship and Trusteeship over Adults

Goals of Guardianship and Trusteeship

Guardianship and trusteeship are established to protect the personal non-property and property rights and legitimate interests of adult individuals who have been declared incapacitated or partially incapacitated by a court.

Persons over whom guardianship is established

In accordance with the Civil Code of the Republic of Belarus, guardianship is established over persons declared incapacitated by a court due to a mental disorder (illness).

Persons over whom trusteeship is established

In accordance with the Civil Code of the Republic of Belarus, trusteeship is established over persons whose legal capacity has been limited by a court:

- due to a mental disorder (illness);

- abuse of alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues.

Place of establishment of guardianship and trusteeship

Guardianship and trusteeship are established at the place of residence of the person subject to guardianship or trusteeship, or at the place of residence of the guardian or trustee, if this is in the best interests of the ward.

Selection of a guardian or trustee

When selecting a guardian or trustee, their personal qualities, ability to perform the duties of a guardian or trustee, and the relationships existing between them, their family members, and the person in need of guardianship or trusteeship must be taken into account.

Persons eligible to be guardians and trustees

Guardians and trustees may be legally capable persons of both sexes, with the exception of:

– persons suffering from chronic alcoholism, drug addiction, substance abuse;
– persons who, due to their health, cannot exercise the rights and duties of a guardian or trustee;
– persons deprived of parental rights by a court;
– persons with a criminal record for intentional crimes, as well as persons convicted of intentional grave or especially grave crimes against a person;

Gratuitous performance of duties by guardians and trustees

Duties of guardianship and trusteeship are performed gratuitously.

A guardian or trustee has the right to reimbursement for expenses incurred from their own funds for the repair, maintenance of the ward's property, and other necessary needs.

For prospective guardians (trustees)

To establish guardianship (trusteeship) over adult incapacitated (partially incapacitated) citizens, you need to contact the "one window" service of the Beshenkovichi District Executive Committee, located at: Beshenkovichi, Chuklaya St., 13, and provide the following documents:

· passports (of the prospective guardian and the incapacitated citizen (partially incapacitated));

· autobiography of the prospective guardian (trustee);

· photograph (30mm x 40mm) of the prospective guardian (trustee);

· medical certificate of health (with a medical conclusion on the absence of diseases in the citizen that would prevent them from being a prospective guardian (trustee));

· document confirming the grounds for appointing guardianship (trusteeship): a court decision on declaring a citizen incapacitated (partially incapacitated).

IMPORTANT!!!!

In accordance with Resolution of the Council of Ministers of the Republic of Belarus No. 1677 of October 28, 1999 "On Approval of the Regulations on the Procedure for Managing the Property of Wards," a guardian, trustee:

· keeps records of amounts received for the ward and expenses made from them;

· Annually, no later than February 1, submits a written report for the previous year on the storage and management of the ward's property to the guardianship and trusteeship authorities (the state institution "Territorial Center for Social Services of the Population of Beshenkovichi District", located at:

· Beshenkovichi, Svobody St., 42a) . The annual report must contain information on the condition of the property and its storage location, the acquisition of property in exchange for sold property, income received from property management, and expenses incurred. The report must also list and indicate the dates of receipt of amounts from the ward's current account, amounts received from the alienation of property during the reporting year, and expenses incurred from them for the ward's needs. Supporting documents (copies of sales receipts, tax payment receipts, insurance amounts, and other payment documents) must be attached to the report.