Regular receipt of pension payments is important for any person. Most often, citizens entitled to receive such state support do not have other sources of income, so it is important for them that all funds are received on time. In everyday life, the issue of receiving pension contributions is observed quite strictly, including within the framework of the law. But unpleasant events can happen in a person’s life that can unsettle him.
There is a way out of any such difficult situation, including the law that allows citizens who are receiving treatment in a hospital at the time of payment to receive a pension, but only if several conditions are met.
Definition
The term in question is described in the provisions of Article 185 of the Civil Code of the Russian Federation. This rule indicates that this is an act that is drawn up using a written form and reflects a special kind of authority to perform specific actions on behalf of a citizen. It is provided that such powers can be transferred to one or more persons. This includes receiving pension payments.
The need to draw up such a document is reflected in the law adopted at the federal level under No. 400 of 2013. These provisions do not only apply to elderly people. The recipient of payments may also be a minor.
A power of attorney is required in the following situations:
- when a person has been in a hospital-type hospital for a long period;
- no ability to move independently;
- the citizen is illiterate and cannot sign the paper himself;
- moving to another state.
It is worth noting that this list is not closed. This suggests that other situations may occur in life when the drafting of the act in question will be required.
Who composes?
A power of attorney can be drawn up independently; there is no special form provided for these purposes. You can view a sample on the Internet or download a sample form from there to fill out. The document can be typed on a computer and printed or handwritten.
It is important to draw up a power of attorney to receive a pension, observing all the basic rules, indicating the data without which it will not be valid and having it certified by a person authorized to do so. You can also contact a specialist from the notary service. The notary will competently draw up a power of attorney and certify it according to all the rules. This will help protect against possible errors and inaccuracies.
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.
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Hello, I have a general power of attorney written by a notary, it will soon expire, it is written in my name because my mother, she is 85 years old, she is a disabled person of the 1st group, a WWII veteran, a home front worker, after a stroke, she does not move, she does not take care of herself, she says very bad, but he understands, we live together, but she is registered at a different address, can I just re-issue this power of attorney for another period? and how to do it?
Good afternoon To reissue a power of attorney, you need to call the nearest notary office (or maybe not the nearest one - just the closer, the more willingly they will come to you) and call a notary at your home. Unfortunately, the service and departure will be paid. Article 333.38 of the Tax Code of the Russian Federation - Benefits when applying for notarial acts of the Russian Federation provides for 50% benefits for services for disabled people of group 1 and participants of the Second World War. The notary must verify the sanity of the elderly person, even if the patient cannot independently sign a power of attorney. His verbal consent will be sufficient. The specialist will write out a power of attorney on a special form, certify it with a signature and enter it into the register. The main thing is that the mother makes it clear to the notary that she agrees to issue a power of attorney; if doubt arises, the notary may refuse the service.
Hello. My mother is disabled 1 year. All notaries in my area require documentary proof that my mother cannot walk. They said that I needed a therapist’s conclusion, and based on this conclusion, go to the territorial social service center for this confirmation. The center has not heard about this. Please tell me, does a disabled person need 1 gram. To call a notary and receive a 50% discount, do you need to confirm that he cannot walk or is a certificate of disability sufficient? And when should the notary arrive?
Good afternoon Please write your question in the Questions and Answers section, we will answer.
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Contacting a notary office
To receive pension payments for a citizen, you will need to issue a power of attorney. To do this, you need to contact a notary office. If a citizen is unable to move independently, then it is permissible to call an authorized person home. The main task is to determine whether a citizen has legal capacity. This suggests that it is possible to draw up such a document only if the person is of sound memory and mind.
This act shall reflect:
- information about the notary office where the deed was drawn up;
- an indication of the fact that the pensioner has legal capacity.
In addition, the paper may specify other conditions that are necessary for the activities of the trustee. At the end, the patient must sign the document. In this case, a situation may arise when a person cannot sign, then another person affixes the signature. The main condition is that an employee of the notary’s office and the person for whom the document is being drawn up are present.
In this case, it is necessary to reflect in the act the data of the citizen who signs. When an employee of a notary office concludes that a person is incompetent, it will not be possible to draw up a document.
Payment methods for pension funds
The rules for transferring pensions were approved by joint resolution No. 15p/18 of February 16, 2004 of the Pension Fund (PFR) and the Ministry of Labor of the Russian Federation. Paragraph 11 of the document indicates that delivery is carried out by territorial branches of the Pension Fund of the Russian Federation, Russian Post, banking and other organizations under agreements concluded with the fund.
Each of the institutions offers its clients a range of services for transferring funds from the Pension Fund to pensioners. The most popular payment methods:
- Transfer of money by the bank to a MIR plastic card. This is convenient, but the technology can sometimes fail. In such cases, the recipient or his authorized representative will have to visit the bank office for the investigation.
- Receipt of money by a pensioner at the post office at his place of residence. There is a schedule: on the appointed day, the elderly person will be given the amount transferred from the Pension Fund.
- Transfer of pension to a personal bank account. To withdraw money, you must visit a financial institution.
- Delivery through the service from Russian Post. Performed for free: the postman brings his pension home.
When for some reason the pension is not received on the scheduled day, it remains on the card in the bank account. Unclaimed money received by mail is returned to the Pension Fund after the 22nd-25th, and the next month is added to the next payment.
This will continue for up to six months, after which the Pension Fund will suspend the issuance of pensions until the circumstances are clarified. If there is no movement of funds in a bank account, money will be received until the transfer is prohibited within a year.
In both cases, resumption of payments is possible after the pensioner contacts the local branch of the Pension Fund.
Composing in hospital
If a person is in a hospital-type hospital, then the following options are provided for resolving the issue of issuing a power of attorney:
- calling a notary office employee to the hospital;
- certification by the head of the medical institution.
In this case, contacting the main doctor is a more appropriate option. The document has a standard expression. You need to write in it:
- the name of the institution where the person is being treated;
- an indication of the patient’s condition, including whether he has legal capacity;
- data of the head of such institution.
The positive aspects of using this option include the fact that you do not need to pay the head doctor. If a person wants to call a notary, he will need to pay a fee. It is worth noting that in this case the cost of services increases significantly.
When the head of a medical institution believes that a citizen does not have legal capacity, then an act cannot be drawn up. In this case, you need to look for another way out.
Procedure for calling a notary to your home
Life is unpredictable: a sudden illness, injury, accident - and a person ends up bedridden. There are many unfinished tasks and unfulfilled plans left behind. Today, many offices provide on-site notary services at any time convenient for the client. Therefore, inviting a notary to your home is quite simple. To call a notary to see a bedridden patient, you need to call the regional notary chamber and ask which office provides this type of service. You should not trust advertisements published on the Internet, since there is a high risk of inviting a specialist to your home who is not endowed with the necessary powers.
How to call a notary to a bedridden patient:
- Choose a notary office, if possible, as close as possible to the patient’s location.
- Call the establishment and discuss in detail the required type of service, its cost, list of documents, date and time of visiting the notary.
- Prepare the requested documentation by the appointed deadline.
- Meet the notary, receive the service and pay for it.
Important! The notary does not come to incapacitated persons who are not aware of their actions.
Cost of services
A prerequisite is that the date on which the formation occurred is reflected in the act. When such an indication is absent, the document is considered as inconsistent with reality. The document has a limited validity period. If a citizen is very sick, then he has the opportunity to draw up an act for any period, but no more than three years. The validity period may not be specified. In such a situation, the paper is considered valid for a year.
The amount of payment varies depending on which office the person contacts. Most often, the amount ranges from 800 to 1500 rubles. The cost is influenced by where a person lives.
You can find out the amount of payment depending on the region through your PFR personal account.
Requirements for the principal
A power of attorney to receive a pension can only be issued by someone who is themselves entitled to these payments. Mandatory conditions for this are the good will of the pensioner and the absence of doubts about his legal capacity. The attorney can be one of the relatives or a stranger, at the discretion of the principal. The validity period of the document is determined by it.
It should be remembered that this document is signed personally by the pensioner and has mandatory certification.
Registration of guardianship
If a citizen is bedridden and lacks legal capacity, then guardianship may be issued for him. In this case, there is no need to obtain consent for this. For example, when a person is unconscious. However, a person may be aware of his actions, but not be able to care for himself. Then patronage will be established.
Both persons who are closely related to the patient and strangers can act as a guardian. The main thing is to meet the established requirements. Including:
- reaching adulthood;
- availability of legal capacity;
- no criminal record;
- compliance with moral qualities.
The authorized body may not make a positive decision regarding the guardian if he is elderly or has serious health problems. In addition, a refusal is also issued in the case where a citizen has a negative characteristic. It can be issued at the place of work or study. Then you need to find another solution to the problem.
Registration of guardianship is carried out in the bodies functioning in the guardianship authorities. If there are several candidates for the role of guardian, then preference is given to the one who is a close relative. In addition, several assistants may be appointed, they will share responsibilities among themselves. It is not permissible to appoint social workers or doctors as guardians.
To complete the application, you will need to create an application that is submitted to the authorized body. You can obtain a list of required documentation from the specified service. This includes documentation used to verify identity and health status. You will also need consent from relatives and a certificate from your place of work confirming your income.
How to receive a pension for an incapacitated person
You can receive money for an incapacitated patient by obtaining temporary guardianship. A pensioner is not always conscious or of sound mind. He may be declared incompetent for a number of reasons - if a citizen:
- is in a coma;
- paralyzed;
- suffers from mental illness;
- does not understand his actions and is not able to manage them;
- behaves inappropriately and does not realize the meaning of his actions;
- is in a psychoneurological clinic or nursing home.
Guardianship procedure
If the patient is kept in a nursing home, the institution is considered a guardian and the right to receive a pension remains with him. In other cases, there are several stages in approving guardianship:
- Grant a disabled pensioner a disability status.
- Submit an application to the court to declare a relative or loved one incompetent.
- Contact the guardianship and trusteeship authorities with a documented court decision.
Receiving debt
During the time spent in the hospital, a person may miss payments. The exception is the case when a citizen wrote an application for the delivery of a pension and chose a transfer to a bank card. If there is no plastic card, then after leaving the hospital he needs to go to the central post office. It is recommended that the guardian do the same.
If it turns out that the Pension Fund received the money back, then the debt will be paid along with the next pension.
To speed up their receipt, an application is written to the Pension Fund.
Payments are suspended if the patient has been in the hospital for more than 6 months. To renew them, you also need to contact the Pension Fund.
What is the validity period?
In accordance with Art. 186 of the Civil Code of the Russian Federation, the duration of the power of attorney is determined by the principal. If the period of authority is not specified in the document, the document will be valid for exactly one year from the date of its preparation. The term is not regulated by law, so a power of attorney can be issued for several months or several years.
The pensioner can re-issue the paper upon expiration.
In accordance with Art. 188 of the Civil Code of the Russian Federation, a power of attorney may expire prematurely in the following cases:
- its revocation by the principal;
- death or loss of legal capacity of one of the parties;
- the trustee's refusal of authority
Important! If the power of attorney has lost force ahead of time, the sub-assignment agreement also becomes void.
Drawing up a power of attorney to receive a pension for an incapacitated person is a simple procedure. To do this, there is no need to transport the patient to authorities or collect special certificates. It is important that the document is drawn up correctly , indicating all the data and properly certified. To do this, if possible, it is better to contact a legally competent specialist - a notary.
