How to receive a pension for a bedridden patient: methods and procedures

The concept of a power of attorney

This definition is given in Article 185 of the Civil Code of the Russian Federation.
According to it, this is a document drawn up in writing, which contains special rights to perform certain actions to one or more persons, including receiving a pension instead of a pensioner. The person who signs the document is the principal, and the second person is the trustee. The fact that a power of attorney must be obtained when another person receives a pension is stated in the Law on Insurance Pensions No. 400-FZ. At the same time, we are not only talking about an elderly person receiving an old-age payment. A pension can be assigned to a minor child, as well as to an incapacitated person.

This document may be required in the following cases:

• If a pensioner undergoes treatment in a hospital in an inpatient department for a long time
• If a person is unable to move independently.
• If he cannot sign papers due to illiteracy.
• When the principal left for another country.

The above list is not exhaustive. There are other situations in life in which it may be necessary to receive a pension (for a bedridden unconscious patient, for example), when the pensioner cannot do this personally.

Receipt of payments by a trustee

Sometimes a citizen is not able to receive pension payments on time for a number of reasons:

• sudden deterioration in health;
• elective surgery;
• injury, etc.

If a person is in the hospital, there is a need to receive money for the patient. Then a power of attorney is issued for a person, which is certified by a notary. This can only be done by someone who is fully capable, i.e. a person who gives an account of his actions. The payment method will be the same, unless the deceased pensioner instructs a trustee to make changes.

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Registration of a power of attorney

This document can be prepared in different ways, depending on the condition of the pensioner and the situation as a whole. These include the following:

• Attestation at home.
• Certification by the chief physician at the hospital.

The algorithm of actions depends on which method is chosen. But regardless of this, the following information must be indicated in the power of attorney:

• Name of the document, place and date of preparation, as well as signature.
• Personal data of the pensioner (from the passport) - full name, date and place of birth, registration address.
• The same information about the representative.
• The authority of the representative to receive a pension for a bedridden patient.
• Duration of the power of attorney.

Other information may also be included in the document, depending on the design features.

How to apply for a pension for a guardian of an incapacitated person

To apply for a pension for caring for an incapacitated person, the guardian should submit documents to the territorial body of the Pension Fund of the Russian Federation at the place of assignment of the pension to the citizen being cared for (disabled person, elderly citizen).

Required documents

Before contacting the Pension Fund, the guardian should prepare the following documents:

1. Identification . Citizens of the Russian Federation present a passport to the Pension Fund, foreigners and stateless persons - a document confirming current registration.
2. Documented consent of a citizen to receive care from a guardian, drawn up in the form of an application. Since care is provided for an incapacitated person, the application is drawn up and signed by the citizen’s legal representative. The application form can be downloaded here ⇒ Statement of consent of the disabled person to care for him. The application must be accompanied by a document confirming the authority of the representative (court decision, power of attorney, etc.).
3. Certificate of non-assignment of other pensions (for old age/disability/loss of a breadwinner) to the applicant. The guardian can obtain a certificate by contacting the Pension Fund at the place of residence.
4. Confirmation of a citizen's incapacity due to disability. The basis for assigning a care pension is an extract from the ITU act confirming the assignment of a Group I disability to a citizen, as well as a court decision (or other document) on the basis of which the person is declared incompetent.
5. Confirmation of the guardian's status (guardian certificate or decision issued by the guardianship authority).
6. Application for choosing a payment delivery method on an approved form (can be downloaded here ⇒ Application for delivery of social payments).

Together with the above documents, the guardian should submit to the Pension Fund an application for a pension for caring for a disabled person (the application form can be downloaded here ⇒ Application for a pension for caring for a disabled person).

Step-by-step registration procedure

Pensions for guardians of incapacitated persons are issued in accordance with the following algorithm:

Step 1. Submitting documents to the Pension Fund.

A citizen has the right to apply to the Pension Fund for a pension before caring for an incapacitated person, as well as at any time during the period of care. The following methods of submitting documents are possible:

• personally;
• Russian Post (letter with notification and list of attachments);
• through a representative;
• in the form of an electronic application on the PFR or State website after preliminary registration).

The deadline for applying for payment is determined based on the date specified in the application.

Step-2. Processing of documents in the Pension Fund of Russia.

After receiving documents from the applicant, Pension Fund employees process the papers within 10 working days. After another 5 days (15 days from the date of application), the Pension Fund is obliged to send the guardian a notice of the assignment of a pension or refusal of it. If the Pension Fund refuses to grant a pension to a citizen, the text of the notification must contain reasoned grounds for such refusal.

At the notary

How to receive a pension for a bedridden patient at home? To do this, a power of attorney must be certified by a notary. In this case, a specialist is called to your home.

The main task of a notary is to determine legal capacity. If the patient is aware of himself and his actions, that is, he is of sound mind and memory, then, if he wishes, an appropriate power of attorney can be issued to his representative.

• Full name, contact details of the notary and address of the office where he works.
• Certification that a bedridden patient is legally competent.

The document may also include other conditions that are presented to the principal. After drawing up the power of attorney, the bedridden patient must sign.

If he is unable to sign due to illness, then another person can do it. In this case, both the principal and the notary must be present. Then the power of attorney indicates the citizen who signed it, and the reasons for the impossibility of signing it directly by the patient.

If the notary believes that the principal is incompetent, then the power of attorney is not issued. Is there another way to receive a pension for a bedridden patient? It turns out yes. For this purpose, guardianship is formalized, in which the guardian becomes the legal representative of the patient.

Pension for guardians of incapacitated persons: conditions for appointment

Based on current legislative norms, a citizen may be assigned a pension for caring for an incapacitated person, subject to the following conditions:

1. An incapacitated citizen is a group I disabled person or an elderly person . In accordance with Presidential Decree No. 1455 of December 26, 2006, the right to receive a pension is granted to persons who care for group I disabled people or elderly citizens over 80 years of age, subject to appropriate confirmation (an extract from the ITU act on the assignment of disability or a passport of an incapacitated citizen , confirming age).
2. The applicant for payment (caregiver) is not officially employed . If a citizen applying for a pension has an employment relationship with an employer or is hired under a contract, he cannot apply for a pension to care for an incapacitated person. A similar rule applies to persons who are recipients of unemployment benefits.
3. The representative of the incapacitated citizen agrees to receive retirement from the applicant. One of the main conditions for granting a pension is the consent of the disabled person/elderly citizen to receive care from the applicant for a pension. In a situation with an incapacitated person, consent is confirmed by a statement drawn up and signed by his legal representative.
4. The citizen providing care is not a recipient of an old age/disability/survivor pension. If an insurance/social/military pension has been assigned to the applicant, or he is a recipient of one of the types of state benefits and compensations, then he cannot apply for a pension for caring for an incapacitated person.

In the hospital

If the patient is being treated in a hospital on an inpatient department, then a power of attorney can be issued in one of the following ways:

• By calling a notary to the hospital.
• By certifying the power of attorney by the chief physician of the medical institution.

Involving a chief physician is the preferable option for receiving a pension for a bedridden patient. The power of attorney form for a bedridden patient has a standard form and contains the following information:

• The name of the medical institution where the patient is located.
• The condition of the pensioner, the presence of his legal capacity, as well as the right to draw up a power of attorney to carry out the relevant actions.
• Full name of the chief physician, attending physician, their signatures, as well as the seal of the medical institution.

The advantage of this option is that the procedure is free. If it is decided to involve a notary in this procedure, then it is carried out in the same way as when calling him to your home. At the same time, you need to be prepared for the fact that the amount of services for visiting a specialist increases significantly.

If, in the opinion of the doctor, the person is not aware of his actions, then the power of attorney is not issued. Then we have to solve the question of how to receive a pension for a bedridden patient in a different way. After a stroke, whether he is in an unconscious state or in another vulnerable position, a way out can be found both with the assistance of government agencies and independently.

How to get a pension if a person is in a coma

How to receive a pension for a relative in a coma. Unfortunately, there is no legal way to receive a pension for your spouse. The fact is that in accordance with. Pension for a person in a coma: is it possible to receive a pension for a bedridden patient in a hospital, unconscious, received by proxy and, if not formalized, deprived of legal capacity and guardianship

. Unfortunately, there is no legal way to receive a pension for your spouse. The fact is that, in accordance with the requirements of the law, a power of attorney can be issued only when the principal is conscious and aware of the nature of his actions, and also has the opportunity in some way to confirm his will to issue a power of attorney.

At the same time, confirmation can be obtained not only in the form of the answer, but also in any other movement (for example, moving a finger, lowering the eyelids, etc.) that a person can physically perform due to his state of health. However, in the situation you indicated, the person is in a coma, that is, in an unconscious state and cannot answer the question of a notary or chief physician, and therefore, issuing a power of attorney would be illegal.

Good day!

Moscow Viewed 464 times. Asked 2011-06-07 13:04:00 0400 in the topic “Civil Law” 1 answer. Moscow Viewed 184 times. Asked 2012-01-30 12:35:33 0400 in the topic “Criminal Law” 1 answer. In your case, it is now impossible to establish patronage over a relative, because

he cannot sign an agency agreement due to his physical condition and cannot issue a power of attorney. Consequently, a power of attorney issued abroad, certified by a foreign notary or other authorized person, must first be legalized by the Ministry of Foreign Affairs or another authorized body of the country in which the power of attorney was issued.

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However, a power of attorney can also be issued at the Russian consulate, and a power of attorney issued in a foreign country can be legalized by a notary of the Russian Federation (apostille). In accordance with Art. 26 of the Federal Law No. 154-FZ “Consular Charter of the Russian Federation” and Art.

38 Fundamentals of the legislation of the Russian Federation on notaries, a consular official has the right to perform the following notarial actions: - attest to the accuracy of copies of documents and extracts from them; — attest to the authenticity of signatures on documents; — testify to the accuracy of the translation of documents from one language to another; — to certify the fact that the citizen is alive; — to certify the fact that a citizen is in a certain place.

In ordinary life, the regularity of pensions is strictly observed, and the state carefully fulfills its social obligations. And only some personal reasons can disrupt this regularity.

For example, a pensioner falls ill and is undergoing inpatient treatment. He spends the day on which he is supposed to receive the pension due to him in the hospital and, naturally, cannot receive payments in the traditional way.

From such a difficult, at first glance, situation, in fact, there are several ways out, each of which has the right to exist.

In this case, there are no problems with receiving a pension.

Price of services and document validity period

The date of signing the power of attorney is a prerequisite. If it is not there, the document is considered invalid. The power of attorney has a limited validity period. A bedridden patient has the right to draw up a document for any period at his discretion, but for a period not exceeding 3 years. If the validity period is not specified, then the power of attorney is considered valid for 1 year from the date of signing.

The cost may vary between different notary offices. But, as a rule, it varies from 800 to 1,500 rubles. This indicator depends on the location of the office, medical institution or residence of the patient and concerns only the services of a notary, since you will not have to pay anything when drawing up a document from the chief physician.

Who has the right to guardianship

The guardian can be a close relative of the patient or a stranger who meets certain requirements. These include the following:

• Age of majority.
• Legal capacity.
• No criminal record.
• Availability of necessary moral and moral qualities.

A positive decision regarding the applicant for guardianship may not be made if he is an elderly person or has serious health problems. Also the basis for refusal is a negative reference from work or place of study. In this case, you need to look for another way to receive a pension for a bedridden patient at the post office or at a bank.

The appointment of a guardian is carried out by the guardianship and trusteeship authorities. Moreover, if several people apply for guardianship, preference will be given to the closest relatives. Several assistants may also be appointed to share responsibilities and be jointly responsible for their implementation.

Registration of guardianship

To be appointed as a guardian of a patient, you must submit a corresponding application to the guardianship and trusteeship authorities. The specialists of this service will inform you about what documents are required. The standard list includes the following papers:

• Identification.
• Statement of health from a medical institution.
• Certificate of employment or other document confirming income.
• Consent of relatives if a stranger is going to become a guardian.
• A statement from the person over whom guardianship is established, if he is of sound mind, or a court document declaring him incompetent.
• Characteristics from work.

When reviewing documents, specialists have the right to seek information from the police department, medical institutions, as well as the registry office. The decision to establish guardianship is made within a month.

If the outcome is positive, an act appointing a guardian is issued. If guardianship is formalized in the form of patronage, then an agency agreement is concluded.

Summary

• Incapacitated patient. How to apply for a pension and the amount of pension.
• How to arrange for a guardian to receive a pension for an incapacitated mother.
• How to apply for a pension for an incapacitated person.
• How to arrange guardianship for an incapacitated person in order to receive a pension for her.
• How to issue a power of attorney to receive a pension for an incapacitated person aged 95?
• Apply for a pension
• Apply for retirement
• How to apply for a pension
• How to apply for a pension
• Can I apply for a pension?

Questions

1. Incapacitated patient. How to apply for a pension and the amount of pension.

1.1. Good afternoon You can only go through the court where an outpatient or inpatient forensic psychiatric examination will be carried out. You need real help, please contact us.

2. How to register for a guardian to receive a pension from an incapacitated mother.

2.1. You should contact the pension fund at the place where the disabled person received a pension, with documents confirming that you are a guardian and transfer the pension payment to your account.

2.2. Hello, Yuri! You need to write out a power of attorney to receive a pension for an incapacitated relative; a prerequisite is that the power of attorney be certified. The Chief Doctor (if under treatment) can act as witnesses, or you can call a notary to your home (paid service). Sincerely, Yulia!

3. How to apply for a pension for an incapacitated person.

3.1. If a person is declared incompetent by a court, then he must have an official guardian who can resolve all issues, incl. and issues of pension assignment. If a person is actually incompetent and, due to his mental state, cannot exercise his rights himself, but this has not been formalized, then he must be recognized as such by a court decision and a guardian must be appointed. If a person is sick (but mentally healthy) and cannot physically apply for a pension (paralysis, fractures, etc.), then there is the institution of a power of attorney. In any case, there is a solution.

4. How to arrange guardianship for an incapacitated person in order to receive a pension for her.

4.1. Hello. Submit applications to the guardianship and trusteeship authority. Article 14. Establishment of guardianship or trusteeship under an agreement on the implementation of guardianship or trusteeship

1. The establishment of guardianship or trusteeship is permitted under an agreement on the implementation of guardianship or trusteeship (including under an agreement on a foster family or, in cases provided for by the laws of the constituent entities of the Russian Federation, under an agreement on a foster family (foster care, foster care). Agreement on the implementation of guardianship or trusteeship is concluded with a guardian or trustee in accordance with Article 16 of this Federal Law. 2. Guardianship or trusteeship under an agreement on the implementation of guardianship or trusteeship is established on the basis of an act of the guardianship and trusteeship authority on the appointment of a guardian or trustee who performs their duties for a fee. In case of unreasonable evasion of the authority guardianship and trusteeship from the conclusion of an agreement on the implementation of guardianship or trusteeship, the guardian or trustee has the right to present to the guardianship and trusteeship body the requirements provided for in Part 4 of Article 445 of the Civil Code of the Russian Federation. 3. When establishing guardianship or trusteeship under an agreement on the implementation of guardianship or trusteeship, the rights and obligations of the guardian or a trustee regarding the representation and protection of the rights and legitimate interests of the ward arise from the moment the guardianship and trusteeship body adopts an act on the appointment of a guardian or trustee performing their duties for a fee. The right of a guardian or trustee to remuneration arises from the moment of concluding an agreement on the implementation of guardianship or trusteeship. 4. The procedure and terms for concluding an agreement provided for in Part 1 of this article are determined by the Government of the Russian Federation.

5. How to issue a power of attorney to receive a pension for an incapacitated person aged 95?

5.1. Natalya, if he is incompetent, how can he give you a power of attorney, arrange for patronage over him.

5.2. An incapacitated person must have a guardian; he cannot issue a power of attorney on his own. If he is still “incompetent” only in your opinion, then such a power of attorney can be issued by a notary.

6. You can issue a power of attorney at Sberbank to receive the pension of my mother, who is 89 years old. She is not recognized as incompetent, but she practically does not walk.

6.1. A power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, or to receive correspondence, with the exception of valuable correspondence, can be certified by the organization in which the principal works or studies, and by the administration inpatient medical institution where he is being treated. Such a power of attorney is certified free of charge (Article 185.1 of the Civil Code of the Russian Federation).

6.2. Can. I personally got one from my father.

6.3. Call a notary to your home.

7. I am 64 years old, can I get guardianship over my incapacitated mother, I am not given a power of attorney to receive her pension due to her incapacity, I am in arrears for 8 months.

7.1. Good afternoon Sure you can. Has the court ruled that she is incompetent? Then contact the guardianship office, they will tell you what documents you need to submit (in addition to the court decision) and arrange guardianship, again, if there are no obstacles to your health, for example.

8. Our child has been disabled since childhood, group 1. She was declared incompetent by the court. Temporary guardianship has been issued for now. Guardianship was granted for 6 months. During this time we were not paid a pension. Tell me, should we receive a pension during this time?

8.1. Yes, a pension should be accrued, this is the money of a disabled child, it is illegal to leave him without state benefits.

9. How to apply for a pension for an incapacitated mother living in Kazakhstan for a daughter living in the Russian Federation.

9.1. Hello, are you her guardian? Civil Code of the Russian Federation Article 29. Recognition of a citizen as incompetent 1. A citizen who, due to a mental disorder, cannot understand the meaning of his actions or manage them, may be recognized by the court as incompetent in the manner established by civil procedural legislation. Guardianship is established over him. 2. On behalf of a citizen declared incompetent, transactions are carried out by his guardian, taking into account the opinion of such a citizen, and if it is impossible to establish his opinion, taking into account information about his preferences received from the parents of such a citizen, his previous guardians, and other persons who provided services to such a citizen and performed their duties conscientiously. (as amended by Federal Law No. 302-FZ of December 30, 2012) 3. When developing the ability of a citizen who has been declared incompetent to understand the meaning of his actions or manage them only with the help of other persons, the court recognizes such a citizen as having limited legal capacity in accordance with paragraph 2 Article 30 of this Code. When restoring the ability of a citizen who has been declared incompetent to understand the meaning of his actions or direct them, the court recognizes him as competent. Based on a court decision, the guardianship established over the citizen is canceled and, if the citizen is recognized as having limited legal capacity, guardianship is established. (Clause 3 as amended by Federal Law No. 302-FZ of December 30, 2012) You need to file a claim in court to declare her legally incompetent and establish guardianship.

10. My mother-in-law is disabled, group 1, bedridden, cannot feel her arms and legs. We want to give my father-in-law guardianship over her. If I understand correctly, in this case he will be entitled to a pension of just over 9 thousand rubles. The guardianship authorities told us that in order to do this, the mother-in-law must be declared incompetent by a court decision, only in this case will they issue guardianship. Is this so, and where should I contact first? Thank you.

10.1. This is correct, guardianship is assigned only to incapacitated people. And incapacity is associated with mental illness, which is not the case in your case.

11. My mother is incompetent, in October 2020 she was registered in a boarding school for permanent residence, she is a pensioner. She died in March, we brought her through funeral services and buried her ourselves. The boarding school asks for a death certificate in order to discharge her. And they ask to take her savings book and register the inheritance through a notary, and they say that she still owes them money for her maintenance, what should we do? Didn't they receive a pension to support her?

11.1. Good afternoon Judging by the question, her guardian was the institution represented by the head of the boarding school. The boarding school really needs to provide a certificate in order to be deregistered at the place of residence. Give them a regular copy of the certificate, it will be enough, in the future they will file it with your personal file. Regarding the savings book and registering the inheritance, it is most likely that there is some money left in the bank account from the pension, or the remaining 25%. Because the boarding school usually charges no more than 75% of her average per capita income (pension + salary). Decide for yourself whether you want to inherit or not. It all depends on the remaining amount. Since the grandmother apparently died in the early days of March, and the pension usually arrives in the accounts in mid-March, most likely there are unpaid days left in March. Contact the institution's accounting department for specific expenses. They will have to explain everything to you which days may have remained unpaid.

Receiving a pension

The law allows for receiving a pension in different ways, which the pensioner chooses independently. These include:

• Receiving a pension at the post office.
• Receiving a pension through the postman at home.
• Receiving a pension from a bank through a cash desk.
• Receiving a pension on a bank card.

Postal services are mainly popular among rural residents. Citizens are increasingly choosing to receive payments at the bank. However, a bedridden patient who is of sound mind and memory can choose to have his pension delivered to his home through the postman. Then he will be able to receive money on his own, despite his physical limitations. But in the case of poor physical condition, there is a way to receive a pension for a bedridden patient at Sberbank without a notary.

Conditions for terminating the payment of a pension to a guardian of an incapacitated person

The monthly payment assigned to the guardian in connection with the provision of care to an incapacitated person may be terminated in the following cases:

1. The guardian refused to provide care, and therefore submitted a corresponding application to the Pension Fund, the form of which can be downloaded here ⇒ Application for termination of care for a disabled person.
2. The citizen who provides care is assigned an old age/disability/survivor pension.
3. Based on an appropriate court decision or in connection with the removal of disability based on the results of an ITU examination, the citizen who received care was recognized as legally competent.

The term for termination of payment of a care pension is from the month of loss of such right, based on the relevant documents.