Family law

How are guardianship and trusteeship established?

Huquqchi legal team

Under article 174 of the Family Code, the khokim of the district or city establishes guardianship and trusteeship over minors left without parental care, over legally incapable persons and over persons with limited legal capacity. The guardian and the trustee protect their property rights and personal rights.

The difference

Under article 173 of the Family Code: Guardianship covers orphans and children left without parental care who are under fourteen years of age, and persons whom the court recognised as legally incapable. Trusteeship covers such children from fourteen to eighteen years of age, and persons whose legal capacity the court limited.

Who establishes it

The khokim of the district or city establishes guardianship and trusteeship by a decision. It is established at the registered place of residence of the person who needs it.

Who can be a guardian

The Law "On guardianship and trusteeship" and the other legislative acts set the requirements for a guardian and a trustee (article 175 of the Family Code).

The duties of a guardian

Care about maintenance, upbringing and education; protection of property rights and personal non-property rights. Under article 32 of the Civil Code, a guardian and a trustee protect the rights of the person in their care in relations with any persons, including in court, without a special authority.

Supervision

The Law "On guardianship and trusteeship" governs the supervision of guardians and the protection of the property rights of the person in their care. Apply to the guardianship and trusteeship body before a transaction with the property of a child.

Legal sources

Legal basisFamily Code, article 174 Legal basisFamily Code, article 173 Legal basisCivil Code, article 32

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.