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Pension payments can currently be received in different ways, which largely simplifies the solution of various issues. If a citizen’s physical capabilities are limited for any reason, then another person caring for him can issue a power of attorney to perform various actions. An example is obtaining rights to pension payments.
In this article we will talk about how to issue a power of attorney to receive a pension for a bedridden patient.
How to issue a power of attorney to receive a pension for an incapacitated person
A power of attorney to receive a pension is issued by a pensioner or other person entitled to it to a person for whom he allows this possibility. The author of the document can specify any period at his own discretion. In particular, when staying in hospital for a certain period, it is recommended to set an appropriate duration of validity for this document. If the exact period is not specified, then it is taken as equal to one year.
Moreover, during this entire period the principal retains the right to revoke the document at any time. In addition, and if it is available, he retains the right to perform the action for which it was issued. In particular, to receive the money himself.
Important nuances
They submit a certain set of papers to the guardianship and trusteeship authorities to confirm their right.
The standard list consists of the following items:
- Characteristics from the workplace.
- Statement or confirmation of legal capacity.
- Consent of close relatives if the initiator is a stranger.
- Certificate of employment or other documents to confirm income.
- Civil ID.
Civil registry offices, medical institutions and police departments - this is where specialists have the right to contact for additional inquiries. Over the course of a month, they decide whether to establish guardianship or not. If the outcome is positive, they sign a document stating that a guardian has been appointed. An assignment agreement is concluded in the case of patronage.
The process may take some time, but then the guardian receives all the rights due to him, including the disposal of financial assistance.
The pensioner chooses the method by which the pension is transferred to him:
- Bank card.
- Bank cash desk.
- Calling the postman to your home.
- Post office.
Among residents of rural areas, the service of receiving assistance through post offices is common. City residents give preference to banking organizations. The postman comes to the house if the patient is bedridden, but retains full capacity.
Then it is permissible to independently receive money, regardless of physical limitations.
In what cases is it required
A power of attorney to receive a pension is required in all cases where the person entitled to it cannot independently accept this money. This inability may be due to a physical condition or mental disorder. It can be permanent or temporary.
To an incapacitated person
This category includes those who are deprived of the right to make any transactions. A guardian must obtain a power of attorney to receive a pension for an incapacitated person. These include:
- parents;
- relatives to whom this right was granted by the court;
- adoptive parents;
- guardianship officials.
If a person is in the hospital
Since it is not allowed to leave the hospital facility at any time at the discretion of the patient, he may need to write such a document in order to receive money. Its certification is carried out by a doctor who is authorized to perform such an action. When issued in a hospital, such a power of attorney is equivalent to a notarized one.
Bedridden sick disabled person
A bedridden patient gives the right to receive a pension to another person. For this purpose, a notary usually comes to his home, determines that he is sane and can control his own actions, and then draws up the paperwork.
While in custody
If a person is in custody and is entitled to a pension, then the money due to the prisoner is transferred to his account in the Russian Pension Fund. For citizens of this category, the execution of powers of attorney is not allowed. They receive the money directly with the caveat that they must first compensate for the harm they caused while committing the crime.
For a minor due to the loss of a breadwinner
The funds allocated to a minor who has lost his breadwinner and therefore has the right to a pension are mandatory received by his guardians until he turns 14 years old. After this, it is allowed for this order to continue to apply until he turns 18 years old.
If he wants to change it, then he needs to submit a request to the social security authority, where he indicates that in the future he intends to independently withdraw money from his own account.
Document term
The document can be issued to receive a pension one-time or on an ongoing basis. If the power of attorney is one-time, you must indicate the month and year during which you are allowed to withdraw funds.
Banking powers of attorney are allowed to be used for 3 years or more. This is also the maximum time for such a document to be valid. If there is no specific term in the notarized power of attorney, it is considered that the document remains valid for 12 months. Sometimes documents are made indefinite, this option is also acceptable.
Important! To confirm registration, the witness himself must apply for a pension at least once a year, if the power of attorney is valid for more than this time.
You must contact a notary or the bank where the primary document is valid if you need to extend the validity period. Cancellation or paper actions require contacting the post office or the Pension Fund. There they draw up a statement where they express their intentions. Contacting a notary and professional consultations help resolve issues in a timely manner.
Sample power of attorney to receive a pension
In general, this document is free-form. However, the pension power of attorney is required to include the following information about both the grantor and the power of attorney:
- last name, first name and patronymic;
- the day and place of his birth;
- passport details, including number, series, police department, where it was issued and when it happened;
- information about the place of registration.
The document is written in the first person, so the word “trust” itself should be indicated in it. Further:
- it states the action for which the person for whom the document is drawn up is authorized; in this case, it is required to indicate that the principal agrees that the person indicated by him in the document receives a pension every month on his behalf in the amount in which it is accrued;
- the place where these payments are made is established;
- it is indicated that the authorized representative in this regard has the right to sign all required documents;
- indicates the period during which the document is valid;
- it is specified whether or not the right of subrogation is absent in this case;
- Below is the signature of both the originator and the person indicated in the document.
What kind of document is this
A power of attorney is a document according to which the principal grants the authorized person the right to perform certain actions on his behalf. They must be directly indicated in the document, and actions on behalf of the originator other than those mentioned are not allowed.
Registration of a power of attorney
For a pensioner, drawing up a power of attorney requires its notarization. Therefore, an elderly man comes to a lawyer, writes this paper in front of him, after which the latter certifies it. If the person drawing up the document for the right to receive a pension is not able to come to his office on his own, then the notary comes to his home. At the apartment, the lawyer needs to make sure that the preparer is aware of his own actions.
When drawing up a document in a hospital, it can be certified by the head physician or another authorized employee.
Receiving payment if a citizen is incapacitated
Such situations require the registration of guardianship. Then obtaining consent ceases to be a mandatory requirement. Patronage is established if a person is aware of the actions, but has lost the ability to provide independent care.
Not only close relatives, but also strangers can be appointed as guardians. The main thing is that moral qualities meet the requirements, as does age.
In this case, the guardianship authorities are responsible for all documents related to the citizen. This also applies to receiving a pension for him. It is better to clarify the list of papers in advance. Consent from relatives is required, as is a certificate from the place of work about the status of personal accounts and receipt of a certain type of income. Then the application is reviewed and a decision is made.
Even more information on the issue in the video:
How to withdraw money by proxy
To collect money from this document, the authorized person must come to the organization where it was issued (at Sberbank or the post office) on the appropriate day and present his own document. After this, he will be given the required amount.
Methods for delivering pensions to your home
The pension is delivered to your home after the pensioner completes this option. In this case, he will need to present a pension certificate. An agreement on the delivery of funds is concluded with Russian Post or another organization working with the pension fund. Subsequently, on a certain day, a courier or postman will come to him at the address indicated by him during business hours with the appropriate amount.
Actions if you haven’t received your pension on time
If the money was delivered to the pensioner’s home, but he did not receive it that day, then later in the month the employee servicing him no longer comes to him. He will need to contact the organization responsible for delivering the pension and order a paid employee to come to his home.
What is needed for registration
It has already been mentioned above what points are included in this document, regardless of the circumstances. Before contacting a notary, you don’t have to fill out the form. After all, each specialist will probably have his own sample, which will be provided to clients without any problems.
The notary will need to submit a number of documents to complete the procedure:
- Civil certificate of the authorized person and witness.
- Pensioner's certificate.
- Bank account number, description of the pension branch.
Office work
Pensioners, as the most vulnerable part of the population, may experience unforeseen circumstances that will prevent them from personally receiving their pension contributions.
Such a simple, at first glance, procedure may be beyond the capabilities of an elderly person undergoing hospital treatment. Therefore, many of them are thinking about the question of how to write a power of attorney in the name of another person who could go to the post office or bank for a pension for them.
We will try to give answers to the most common questions that people have about this: how to get a power of attorney, how much it costs, can it be done for free, who certifies it, etc. We will also give an example of different types of power of attorney for presentation to various institutions.
What documents should a representative applying for a government service provide?
An authorized person representing the interests of the person who issued the power of attorney, in addition to the documents provided for by the Administrative Regulations approving the procedure for providing a particular public service, must also submit:
- your general passport (or other personal identification document, for example, a military personnel identification card or a diplomatic passport);
- passport of the person being represented (original or notarized copy);
- directly the power of attorney itself (original).
How does the process itself happen?
The procedure for certifying a power of attorney to receive a pension is quite simple.
- After the document is written, it must be read in the presence of the principal and the certifying person.
- After this, the pensioner signs with the transcript.
- Next, the one who certifies the document writes the name of the institution whose representative he is, his position, last name, first name, patronymic. Lastly, the stamp is placed.
If certification takes place at a notary, then it is usually also written that the identity of the principal has been established and his legal capacity has been verified. The notary indicates the position and the locality in which he operates. Full name, signature and seal, as in other cases, must be present.
Attention! A mandatory condition for certification of a power of attorney is the legal capacity of the principal. If it raises doubts, and a medical certificate in this regard has not been provided, the document should not be certified.
For how long and to whom to transfer the authority to receive the cash payments due to him, the pensioner can decide independently. There are no legal restrictions on this. You just need to know how to correctly draw up and where to legally certify such a paper.
By contacting the place of work or the administration of a medical institution, the principal saves his money, but risks making a mistake in the document itself. If you are not sure of the correctness of the drafting, it would be best to contact a specialist in such matters.
How to cancel a valid document
Situations may arise when it is necessary to revoke a still valid power of attorney. For example, if the principal has experienced force majeure circumstances and he can independently receive a pension. To cancel a working document, you must write a corresponding application and submit it to the place where you receive your pension (bank, post office).
Under what conditions is the power of attorney terminated?
Can a relative receive this payment?
Pension payments assigned to the principal can only be received by him. Upon receipt, an identification document must be presented and a signature must be placed.
If the pensioner has issued a power of attorney in accordance with all the rules, the attorney will also receive funds without any difficulties. To do this, he will have to provide his passport and a document giving him this right.
According to the law, the principal has the right to issue a power of attorney for any citizen at his discretion , regardless of who he is related to. Family ties do not matter at all. It is impossible by law to receive a pension for a person only on the basis of belonging to one family. The right to do this can only be given by a power of attorney from the pensioner.
Related:
Sample Power of Attorney for the digital signature holder, confirming the person’s authority to receive accreditation
XX. XX. XXXX year, police department-xxx, passport series XX No. XXXX, issued “XX” month XXXX, authority that issued the passport: police department of the Primorsky Territory.
It is possible to submit an application for any type of insurance pension - old age, disability, accident.
The insurance part of an old-age labor pension, a labor disability pension, a labor pension in case of loss of a breadwinner
On approval of the indexation coefficient from February 1, 2013 of the size of the insurance part of the old-age labor pension and the size of the labor pension.
Russian Federation, obtaining a foreign passport, applying for a pension, registering a car, registering at the place of residence. Get government ones.
Restrictions on issuance periods
Amendments to the Civil Code of September 1, 2013 abolished the limitation on the period for issuing a power of attorney - 3 years. Therefore, the principal has the right to draw up a document for the period that he considers necessary , this can be several weeks or several years.
When drawing up such a paper due to hospitalization, a period of several months is usually indicated, depending on the disease and the doctors’ forecasts. If the document expires, but the need for it remains, the power of attorney is issued again.
Important! If the power of attorney does not indicate the period of powers being transferred, it is considered valid for one year, in accordance with Art. 186 of the Civil Code of the Russian Federation.
The need to draw up a power of attorney may arise unexpectedly, but there is nothing complicated in this process. You need to carefully study the samples and write the document correctly, as well as certify it in accordance with legal rules. If you have any doubts when drafting, you can contact a specialist or entrust the execution to a notary service.
