Is it legally possible to conclude a contract with a private person, as...

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Is it legally possible to conclude a contract with a private person who will take care of an elderly person? If so, how?

26.06.2023 17:03 657

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Photo of lorina200215 Lorina Fedan

It is possible to conclude an agreement between the person who will be the guardian and the elderly person. If an elderly person is capable of functioning and does not suffer from mental disorders, can fully provide for himself, care is established over him in the form of patronage. This procedure is quite simple. Here there is no need to go to court and recognize a person as having limited legal capacity or incapacity. A statement from the pensioner in which he expresses his desire to appoint a guardian is sufficient. This application should be addressed to the guardianship authorities, where a decision on the appointment of a guardian will be made at the meeting.

Applications are considered within a month. If there are no doubts and the commission recognizes that the elderly person needs care, and the candidate is suitable for appointment as a guardian, then a decision is made to establish patronage over the elderly person. Then a patronage agreement is drawn up. According to the decision of the parties, it can be paid at the expense of the guardian. But, as a rule, patronage is free. Guardianship authorities will regularly visit the elderly person and check how they are being cared for. If complaints are received against the guardian, the patronage will be terminated.

Please note: patronage over the elderly does not give the right to inherit property. And the trustee does not have the right to dispose of the pensioner's property. All actions with property must be carried out in the interests of the ward and agreed with the body of guardianship and guardianship and directly with the ward. The patron does not become the owner of the property of the ward. Any person can provide patronage: both a relative and a stranger. But relatives of the ward have the preferential right to be guardians.

26.06.2023 17:31

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