Guardianship is regulated by the Federal Law of 24.04.2008 N 48-FZ "On Guardianship and Guardianship" and the provisions of the Civil Code of the Russian Federation. The grounds for the termination of these legal relations are set out in the articles of these regulatory legal acts.
It is necessary
- - court decision;
- - written refusal;
- - passport.
Instructions
Step 1
Study guardianship laws. For citizens under the age of fourteen and recognized by the court as incapable, the guardianship and guardianship body appoints legal representatives authorized by law to perform various legally significant actions on behalf of and in the interests of their wards. Obligations can terminate for various reasons.
Step 2
You must end the obligations as soon as the court makes a decision on recognizing the guardian as legally capable. Guardianship over citizens who have reached the age of 14 is terminated, if necessary, guardianship is appointed, up to the age of 18 for the wards. In this case, the court document will become the basis for canceling the decision of the guardianship and guardianship authority.
Step 3
Guardianship is also terminated in cases where the ward or guardian has died. It is only necessary to provide a copy of the death certificate to the guardianship and guardianship authority. The guardianship and trusteeship authorities will be able to appoint a new guardian, if necessary.
Step 4
Check if a special document has expired - the act on the appointment of a guardian. After the expiration of the date, extend the legal relationship or terminate it on the grounds specified in the law.
Step 5
The guardian must refuse, by decision of the guardianship and guardianship authority, to fulfill his duties even when the ward was adopted or taken by the parents for upbringing. Here, a written statement of will is required, on the basis of which a decision is made to revoke the guardianship.
Step 6
It is possible to release the guardian from the performance of his duties at their request, in view of the final or temporary decision of the guardianship and guardianship authority, and also when there are contradictions between the interests of the ward and the interests of the guardian or guardian. For example, in matters of alienation of property or choosing a place of study.
Step 7
Monitor the legality of the actions of the guardian. How carefully and in accordance with the law he fulfills his duties. Check for violations of the rights and legitimate interests of the ward, pursuit by the guardian of selfish goals, systematic - more than twice - leaving the ward without supervision and the necessary assistance. Does the caregiver use physical force or exert psychological pressure?
Step 8
The guardian must be familiarized with the list of his duties against signature. It is enough to remove the guardian from his post alone in order not to receive repeated guardianship, even over another person.
