Not so long ago, a pension could only be received in cash at a bank or post office. Currently, benefit recipients can choose other methods, including transferring funds to a card account. Some retirees prefer traditional payment methods. If they cannot visit a financial institution or post office on their own, they can issue a power of attorney to receive a pension for a relative or even a stranger. But for a document to have legal force, it must be drawn up in accordance with legal requirements.
What is a power of attorney, types of power of attorney
A power of attorney is a document that allows a second or third party to perform actions or receive material assets instead of the first person. They can be issued for a certain period or one-time. They can also be general, between the principal and the authorized person, and proxy, between the authorized person and a third person on the basis of a general power of attorney. The duration of its use is limited to the general period. Also, authorizations can be banking, notarial and equivalent to notarial, depending on where it is issued. Let's take a closer look.
Banking
This document can be issued at the bank where the pensioner has an account. Maximum validity period is 3 years. It is completed by the institution’s employees on their own letterhead based on the passports of both parties.
There is no fee for such a power of attorney .
Notary
There are 2 design options available:
- At the notary's office.
- By inviting a notary to your home.
In both cases, both parties must be present. The document contains passport data, reasons and terms of the document. As a rule, notaries draw up a document on their own letterhead, where the principal and the authorized person sign, and the notary confirms with his signature the desire of the pensioner and his legal capacity. A notarized power of attorney is available for a fee .
The cost of registration of powers will be higher if the notary comes to your home. As a rule, he is invited if the pensioner has limited mobility.
Another option, equivalent to a notary
If a pensioner, for good reason, cannot receive the money on his own, he can have the power of attorney certified by the responsible person. These include:
- Employer, if the pensioner works or studies.
- The head physician of the hospital in whose hospital the client is staying.
- In the administration of the locality, if there is no notary office.
Elena Smirnova
Pension lawyer, ready to answer your questions.
Ask me a question
While serving time in prison, you cannot obtain authorization to receive payments. For such pensioners, deductions are provided to the account of the place of detention.
Legislation on acceptable methods of receiving (delivery) pensions: general norms
Clause 5. Art. 18 Federal Law of the Russian Federation No. 173 of December 17, 2001 establishes that a capable pensioner, at his own discretion, has the right to choose one of the following methods of delivery (receipt) of his pension:
- Through a proxy (based on a power of attorney).
- By mail.
- By crediting funds to a bank card.
- Through a bank cash desk.
- Using the services of other organizations that provide deliveries.
An authorized representative (authorized representative) of a pensioner will be able to receive a pension for him only if he has a properly executed written power of attorney.
It is allowed to draw up and issue a power of attorney to several authorized representatives at once. Then it states that each of them is endowed with specific powers or that they exercise them jointly.
According to Article 185.1 of the Civil Code of the Russian Federation, a power of attorney issued for receiving a salary, social benefits, pension, etc. can be certified free of charge by the organization where the principal works (studies, receives treatment). The notary certifies those powers of attorney for transactions for which a notarial form is required, with some exceptions specified by law.
Art. 187 of the Civil Code of the Russian Federation also stipulates the possibility of reassignment, if this is allowed (not prohibited) by the primary power of attorney issued to the representative, or does not contradict the provisions of paragraph 3 of Art. 185.1 of the Civil Code of the Russian Federation. Then the document drawn up by way of transfer of trust will need to be certified by a notary.
Important! On behalf of an incapacitated or minor person, a power of attorney can only be issued by a legal representative, i.e. a guardian, trustee, etc. (Part 2 of Article 185 of the Civil Code of the Russian Federation).
In what cases is a power of attorney issued to receive a pension?
The trust document is drawn up in the case when the pensioner cannot appear in person to collect the pension. The reasons may be different:
- inpatient stay in a hospital;
- limitation of motor abilities;
- departure of a pensioner.
Regardless of the situation, the desire to formalize the authority must come from the pensioner; it is this that is confirmed by the certifying body.
Only legally capable people have the opportunity to issue powers of attorney.
Registration process
There are several methods by which a power of attorney is issued. This is influenced by the state the citizen is in . Including:
- formation of the house;
- certification from the head of the medical institution.
The sequence of actions depends on which method of action is chosen by the citizen. However, this aspect does not affect what exactly is reflected in the document. These should be:
- title of the act;
- the day it is formed;
- place of registration;
- information about the citizen who acts as a principal, including his last name and initials, date of birth, place of registration);
- indication of similar information about the authorized person;
- transfer of powers;
- the period during which the act is considered valid.
At the end the paintings are put down. If required, other information may be reflected in the paper, if required.
Methods of receiving a pension and types of power of attorney
A pensioner can choose a method that is convenient for him to receive his pension. To do this, he must first contact the Pension Fund, or his representative can do this. You can also use your personal account on the PF website if available.
By bank account
If it is convenient for a pensioner to receive a pension from a bank, he should open an account in it. An authorized person can contact the bank, and he must have a bank power of attorney with him; if he does not have one, he provides a notarized or equivalent one. When applying for the first time, the bank will check the authenticity of the document for several days. After this, the representative can come to the bank without a power of attorney, because it will already be in the database.
By bank card
In order not to stand in line, a pensioner can apply for a card for charging money. The funds will arrive after the funds are transferred from the Pension Fund to the bank account. In order for a trusted person to withdraw money from the card, the principal only needs to give a PIN code (not a completely legal option).
At the post office
If this option is convenient for the pensioner, he must indicate this to the Pension Fund. The post office will set a date when you can receive your pension. The authorized person provides a notarized or similar document at the branch. A bank power of attorney is inappropriate here.
Elena Smirnova
Pension lawyer, ready to answer your questions.
Ask me a question
A pensioner can write an application at the post office so that the postman brings money to his home.
Basic rules for drafting
A power of attorney to receive a pension is drawn up in writing . It must contain information about the principal, namely, full name, date and place of birth, passport details, information about place of residence.
Please provide as detailed and complete information as possible. If difficulties arise when drawing up a document, you can always contact a notary for advisory help.
Read more about how to write a power of attorney for Russian Post here.
Detailed analysis point by point
- Write the name of the document in the center - POWER OF ATTORNEY.
- Indicate the place and date of execution of the power of attorney (place of registration - the name of the city/town where you are writing out the power of attorney). Be sure to write the date in words.
- Start a new paragraph with the words “I, the undersigned, gr. Russian Federation (here indicate full name and passport details), authorizing with this power of attorney gr. RF (full name and passport details of the authorized person): receive the pension due to me at post office No. (indicate the number) and sign for receipt.
- From a new line – The power of attorney was issued without the right of subrogation for a period of (specify the period) of a year.
- On a new line - the signature of the principal.
- On a new line – the notary’s certifying inscription.
You can find out more .
Example
POWER OF ATTORNEY
The seventeenth of April two thousand seventeen
I, a citizen of the Russian Federation (full name), (date of birth), (place of birth), passport (series and number), issued (where and when), (unit code), residing at the address (address of actual residence), trust:
citizen of the Russian Federation (full name), (date of birth), (place of birth), passport (series and number), issued issued (where and when), (unit code), living at the address: Omsk, st. Kirenskogo, 3, no. 6, apt. 54
to receive on my behalf the old-age pension accrued to me in full every month at the post office at my place of residence, in connection with which I authorize her to sign all the documents necessary to fulfill this order.
I certify the signature (personal signature).
The power of attorney was issued without the right of substitution for a period of 3 months.
(Personal signature) (of the principal)
This power of attorney is certified by me, the chief physician of the city clinical hospital No. 1 of Omsk, Egor Semenovich Gradov. I confirm that the power of attorney was signed personally by O.N. Olegrova in my presence.
01/25/15 (personal signature) Gradov E.S. (seal of the medical institution).
Find out more about what a sample power of attorney sent by mail from an individual to an individual looks like here.
Duration of power of attorney to receive pension
The document can be issued either for a one-time receipt or for a certain period. With a one-time power of attorney, the month and year in which funds are authorized to be received are indicated.
A bank power of attorney can be used for up to 3 years. The maximum possible duration of using a bank power of attorney is 3 years.
The absence of a period of use in notarial paper is equivalent to a period of 12 months. The document may be of unlimited duration if this fact is indicated.
Important! If the document is valid for more than a year, the principal needs to visit the pension independently once a year to confirm registration.
Common mistakes when drawing up a power of attorney to receive social benefits for a pensioner
Error 1. A power of attorney to represent interests (for receiving a pension and other social benefits) cannot be oral. In all cases it is drawn up in writing.
Error 2. If a written power of attorney does not specify the deadline for its execution, then it is considered invalid . A pension will not be issued for it. Reason: Art. 186 of the Civil Code of the Russian Federation.
Error 3. It is necessary to take into account the fact that a citizen who is declared incompetent by a court cannot write and issue a power of attorney to another person.
Therefore, the powers of attorney that were written by him up to this point, before recognition of incapacity, lose their force. From the moment guardianship is established over him, only the guardian has the right to issue powers of attorney in his place.
How to issue a power of attorney to receive a pension from a notary?
To do this, the principal and the authorized representative must contact a notary office or call a notary at home if it is impossible to come in person.
Sample of filling out a power of attorney (+form)
There is no need to fill out the form before contacting a notary. The notary office has its own templates, which employees fill out based on the documents provided. A sample form looks like this.
Sample filling:
How to certify a power of attorney with a notary
To fill out and certify a document, the notary must provide a number of documents:
- passports of the principal and the authorized representative;
- pension certificate;
- bank account number or post office details.
Elena Smirnova
Pension lawyer, ready to answer your questions.
Ask me a question
After entering all this data, the notary makes his written assurance that the data is correct, that the transaction is non-forced, and both parties are legally capable.
Cost of obtaining a power of attorney from a notary
There is no single price for this service. The cost can vary from 700 rubles. up to 1500 rub. depending on the region.
Who else can certify a power of attorney to receive a pension?
Depending on the situation, the document can be certified by the certifying person:
- At the place of work or training;
- Head physician of the hospital;
- Local authority, if there is no notary.
Where to apply
Despite the lack of a strict form of the document, it should be drawn up correctly. It is better to entrust this to competent people.
There are several options for legally competent execution of such a document:
- at a notary's office;
- in the organization where the principal works;
- in the administration of the medical institution where the pensioner is undergoing treatment;
- social security authorities, if the pensioner is in a nursing home;
- the head of the local administration, if there is no notary in the locality where the pensioner lives.
In all these cases, the pensioner must be personally present when the document is executed. If this is physically impossible, for example, if the pensioner is a bedridden patient or it is difficult for him to leave the house, then a notary is called to the house. But this service is not free. Find out the exact cost at the notary office where the power of attorney will be registered.
When contacting any of these organizations, you should have with you:
- passport;
- passport details of the authorized person;
- bank account.
How to renew or revoke a power of attorney
To extend the validity period of a document, you must contact a notary or a bank, depending on where the document to be renewed was drawn up. The extension period in this case cannot exceed the original period.
To cancel the validity of the document, the pensioner needs to contact the bank or post office, depending on where his pension is calculated, with an application to cancel the document. He can do this in person or send it by registered mail. In this case, the authorized person must return the original power of attorney. You can also contact the notary where it was drawn up, he will competently draw up the document and notify the principal of the end of its validity.
Who writes?
The primary task when drafting a document is to determine who may be the drafter. There are few options. For example, you can contact a trusted person, guardians, adoptive parent or parent. A trustee can also be the drafter. As you can see, in addition to the pensioner, choosing a person to draw up the document should not be difficult.
To assist in the procedure, you can invite any person from the above categories. However, there are a number of exceptions that will be useful to familiarize yourself with :
- If a pensioner does not have the physical ability to come to a notary to confirm his consent, then there is a way out. You can call a notary to a place convenient for the pensioner, for example, home or hospital. This will cost several times more, but it will save you nerves and time.
- If the pensioner is serving a prison sentence, then the Criminal Code of the Russian Federation comes into force. For such people, pension payments are credited to a special account of the correctional institution where the person is located. However, funds will be debited from such an account to pay off any debt, or to pay for detention in a prison cell.
The pensioner has the right to receive some of the funds to buy food, but he will receive the rest of the amount only after his release. This is the case when no one has the right to receive a pension for a person - even a power of attorney cannot be drawn up in this situation.Important! If the pensioner does not indicate the possibility of reassignment in the main (general) power of attorney, then the attorney will no longer be able to entrust this right to him. Such a power of attorney is issued for a certain period not exceeding that specified in the main power of attorney.
- Perhaps one of the most common cases is when a pensioner is in the hospital and simply cannot physically come for pension payments.
How to be in this case? If you have a similar situation, the main thing is not to panic. You can always issue a power of attorney to receive a pension without going through a notary. You just need to get a paper from the head physician of the medical institution. Such a document must state that the pensioner is currently undergoing treatment in a medical institution and cannot personally receive pension payments. Also indicate that the pensioner is entrusting the receipt to his attorney.
We figured out whether it is possible to draw up such a document, and then we’ll talk about how to do it.
Responsibility for illegal withdrawal of money from a pensioner
If the attorney, despite the notification, continues to withdraw funds, the principal has the right to file a claim with the judicial authority.
There are penalties for illegal withdrawal of other people's money, including criminal prosecution. If it becomes known that the trustee has illegally received someone else’s pension, the Pension Fund will recover these funds from him through the court.
If a citizen refuses to return the funds, he may be accused of breach of trust (Article 165 of the Criminal Code of the Russian Federation), fraud (Article 159 of the Criminal Code of the Russian Federation) and theft of someone else's property (Article 158 of the Criminal Code of the Russian Federation). A criminal case will be filed against him. Then the attacker faces serving a sentence, a fine and forced labor.
It is safest to issue a power of attorney to receive a pension through a notary office. If the matter comes to trial in court, this document is easier to cancel. But you will have to pay for notary services.
For how long is it issued?
The validity period of a power of attorney to receive a pension depends on the reason for which it is drawn up. So, for example, if you need to entrust the receipt of a pension to a third party while you are in a medical institution, then first find out the duration of your treatment. Be careful: the date of issue of the document is an important point . If there is no expiration date, the power of attorney has no weight.
The power of attorney can have any validity period. If you do not specify a specific date, then by default it is equal to one year.
By the way, back in 2013, the term of a power of attorney could last only up to three years. Today there is no such restriction.
We also suggest reading materials about a power of attorney for mail from a legal entity and about a document for receiving a parcel.
