There are situations in life when a pensioner, due to illness, cannot receive a pension himself, and it becomes necessary to issue an appropriate power of attorney.
The power of attorney for receiving pension payments for a bed patient grants the right to the citizen - the authorized person - to receive the principal's monthly pension. In practice, most often the need for the legal document under consideration arises precisely because of the poor health of the retired pensioner.
A power of attorney to receive pension payments for a bed patient can be drawn up regardless of the method of receiving finance previously chosen by the pensioner (on a card, at the post office, at home, etc.).
Even if the delivery of pension payments is carried out by an employee of the post office directly to the pensioner's home, a properly executed power of attorney will also be valid.
The issuance of a power of attorney for a capable person by a pensioner who is not able to move independently in order to receive money is, as a rule, the most acceptable option for a patient.
So a pensioner can easily receive the money due to him from his relative or another citizen acting as a confidant, if life circumstances have arisen in which the pensioner is physically unable to receive pension payments on his own.
How a power of attorney is drawn up
In legal practice, today there are several legal opportunities for a trustee to receive the authority to receive pension funds for a bed patient:
- Execution of a power of attorney from a sick pensioner, certified by a notary;
- Execution of a power of attorney, certified by an authorized representative, for example, by the head physician of a hospital when the retired principal, delegating his powers, is in the hospital;
- In some cases, it is necessary over a bedridden patient.
Let's consider each situation in more detail.
Notarised power of attorney
If a sick pensioner does not undergo a course of treatment in a hospital, but is at home, in order to obtain a power of attorney, you will need to call a notary at home.
A notary leaving for the execution of legal documentation regarding the authority to receive a pension is obliged to ascertain the legal capacity of the bedridden patient acting as the principal. Only after that, the notary can proceed with the procedure for issuing the corresponding power of attorney.
Documentation giving legal authority to a third party to receive pension payments on behalf of the principal may be free-form, but it is important to include all the required information in its text.
So, the power of attorney of a bed patient to receive pension funds by a relative or a third party must contain the following details:
- title of the legal document;
- personal data of the principal pensioner, his date of birth, place of residence;
- personal data of a citizen acting as a trusted person in the situation under consideration, his date of birth, information about his place of residence;
- legal information on granting the authorized person the right to receive monthly pension payments for a pensioner;
- validity period of the document (optional);
- place and date of documentary registration;
- pensioner's signature;
- notary's attestation inscription.
Notarization of powers of attorney, especially if carried out by a notary at home, is a paid service. The specific tariff of the considered notary service can be previously clarified in the notary office.
Sometimes a situation arises when the retired pensioner, due to his illness and weak physical condition (for example, with paralyzed limbs), cannot sign the power of attorney being drawn up. In this case, another citizen can sign the legal documentation at the oral request of a sick pensioner.
However, the signing of a pensioner's power of attorney by a third party must be carried out in the presence of the principal himself, who is not able to sign, and the notary who certifies the document. In this case, a pensioner's power of attorney is required to indicate a specific reason why the bedridden patient (principal) could not sign the corresponding documentation with his own hand.
If the bedridden patient, who has the right to monthly pension payments, cannot write or speak due to his health condition, in order to obtain the powers in question, the relative (third party) will have to go through the legal procedure for registering guardianship over the incapacitated pensioner. Only then will he acquire the opportunity to receive the pension funds of a bed patient.
Drawing up a power of attorney in a hospital
If a sick pensioner is undergoing a treatment course in a hospital of a medical institution, the power of attorney can be certified in two alternative ways.
At first, the power of attorney of a bed patient to receive pension funds can be certified by the management of the relevant medical institution where the retired pensioner is being treated.
Secondly, it is possible, as in the previous case, to invite a notary directly to the pensioner's fee, however, this is usually not advisable from a financial point of view, since the confidential documentation certified by the head physician is provided to the bedridden patient who is undergoing inpatient treatment free of charge. But for the services of a notary certifying a trusted form, you will have to pay extra.
The power of attorney of a bed patient who is in a hospital of a medical institution to receive his pension by a third party differs from a standard notarized power of attorney by the presence in the test of the proposal documentation, which explicitly states that the retired principal is undergoing an inpatient course of treatment in a particular hospital, the management of which is certified by the appropriate authorized form.
Thus, in the stationary conditions of a medical institution, the head physician plays the role of a notary.
Official documentation, playing the role of a pensioner's power of attorney, must necessarily contain the signature of the client's attending physician, the signature of the head physician of the relevant medical institution and the seal of the medical institution itself, as well as the date of filling and the signature of the principal pensioner being treated in inpatient conditions.
Registration of guardianship
In order to receive the authority to receive the pension of a sick pensioner who has lost his legal capacity, the person concerned will have to first register over the sick person.
Terms of power of attorney
According to Article 186 of the Russian Civil Code, pensioners have the right to draw up powers of attorney to receive their pensions by proxies for any period. When the validity period is not specified in the documentation, the pensioner's power of attorney will be valid for a year.
But the calendar date for the issuance of the power of attorney by the pensioner is required to be imperatively stamped, since without it, the legal documentation giving the authority to receive pension funds to the authorized person is invalid.
Not every pensioner is able to independently receive the pension payments due to him. Sometimes the reason for this is a serious malaise. In this case, he needs to draw up a special power of attorney to receive a pension, which will allow another person to do this at his request.
The essence of the problem
Sooner or later, the work path of each person ends, and he is forced to go on a well-deserved rest. In this case, the state provides for him with certain guarantees in the form of financial support from the Pension Fund. You can receive these payments:
- at the post office;
- in the bank;
- using the services of another organization that provides similar services.
In the event that a pensioner cannot perform such an operation himself, he has the right to resort to the assistance of authorized persons. To do this, he needs to write a power of attorney to receive a pension, and indicate the data of a citizen who will subsequently represent his interests in this matter.
The document is simple and straightforward. After drawing up a power of attorney for receiving a pension, you must transfer it to the very organization that delivers it. The information will be entered into the database, and the authorized representative will be able to freely receive funds on behalf of his principal. The power of attorney for receiving the pension remains with the contractor. According to it, the employees of the organization verify the data of the authorized person on a monthly basis, before handing out the amount due to him.
How to compose a document?
It is not difficult to write a power of attorney to receive a pension. A sample can be taken from the very organization that issues it. The principle of drawing up such a document is quite simple.
It only needs to list the necessary information. Moreover, this can be done completely arbitrarily. The general outline of the document is as follows:
- Title of the document.
- Date and place (city) of its compilation.
- Main content. It says that one citizen trusts another to receive a pension or other benefit in a particular organization for a certain period. For each person, the following must be indicated: full name, personal passport data, information about the address of registration (residence).
- Personal signature of the pensioner with detailed decoding.
Such paper must be certified by the appropriate authority. It could be a notary. He also puts the stamp of the organization on the document, confirming its validity.
Mail services
Many people, out of old habit, trust the post offices more. This is understandable, because banks have recently entered the daily life of ordinary citizens.
But the rules are the same everywhere, and a power of attorney is also required from an elderly person to receive a pension. For many, it is preferable to do this at the post office, because receiving money in this way has some advantages:
- The amount due can be received at any time after the appointed date of payment.
- Together with the money, the pensioner receives a detailed printout of the movement of funds in his personal account. He can visually monitor the change in monthly payments and existing balances.
- The post office provides services for the delivery of benefits and other payments to your home on the basis of a previously drawn up application. A citizen just needs to be at home on the appointed day. This is very convenient for those who do not have the physical ability to move freely.
But there are also disadvantages to such a seemingly beneficial way:
- The post office can be located quite far from the pensioner's place of residence, which creates certain inconveniences.
- Nowadays there are many who want to profit at someone else's expense. There are known cases of robberies on old people with the most serious consequences.
The rest of the mail is a fairly profitable and reliable partner.
Mandatory terms and conditions
Any person of retirement age can draw up such a document. To do this, you only need reasons and a person who agrees to fulfill the duties that a written power of attorney for receiving a pension imposes on him. The form must be properly executed.
If there are no special requirements for the text and style of writing, then the certification must be done in accordance with all the rules. Since 2013, they have changed slightly, and now only:
- Notary.
- The head of the educational institution or organization in which this principal works.
- The head of a pre-trial detention center if a pensioner is in a pre-trial detention center.
- The chief physician of a medical institution whose patient is the principal.
Previously, housing and exploitation sites had such powers, but now they are strictly prohibited from doing so. The validity period of such a document is unlimited and can be terminated only if:
- refusal of the principal himself or his death;
- expiration of the specified period;
- refusal of the authorized person from the duties assigned to him.
For foreign citizens, all existing rules remain. In addition, the power of attorney will have to be translated into Russian.
When making retirement payments, it is important to consider the method of receiving funds. Elderly citizens find it difficult to stand in line at the bank for health reasons. And transfer to a bank card is extremely unpopular among old people, since people of the past generation only accept cash.
The most mobile way is to entrust the matter to a trusted person who, on the appointed day, will independently go to the post office or bank and personally deliver the funds received on your behalf to you.
In such cases, following the legislation of the Russian Federation, a contractual act must be drawn up and officially registered. This article contains detailed information on where and how to properly draw up an agreement to receive a pension.
When is it required
The official registration of a power of attorney to receive a pension is necessary in cases where:
- a pensioner is undergoing a long course of treatment in a hospital;
- the person has been assigned strict bed rest, that is, he is not able to move independently;
- an elderly person, due to his illiteracy or senile dementia, is not able to sign papers with his own hand;
- an elderly person is currently away.
Where can you arrange
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You can issue a power of attorney at any institution dealing with pension payments. These include:
- enterprises and organizations in which the pensioner is officially employed or is undergoing educational training;
- administration of healthcare institutions: hospital, polyclinic, hospital and other hospitals;
- notaries in any legal company;
- lawyers called at home if the elderly person is disabled and unable to move;
- any post offices on the territory of the Russian Federation;
- banking companies requiring notarization of a document.
Who needs to assure
According to the Civil Code of the Russian Federation, a pensioner can carry out a free certification of a power of attorney:
- through the organization where he works officially;
- through the educational institution where he is studying;
- through the administration of the clinic where he is undergoing treatment;
The principal must notarize the document at any legal service center or at the place of residence of the pensioner. Please note that this procedure is paid, while it is considered the most reliable.
The principal singles the services of a notary through the cashier of a legal organization, and its cost ranges from 700 to 1200 Russian rubles. The amount consists of a state fee of 200 rubles, and further depends on the complexity of the services provided by the notary.
Important: a power of attorney is subject to mandatory state registration if funds are issued to an authorized person through banking organizations that require official confirmation of the authenticity of the document.
How to issue a power of attorney to receive a pension
The rules for issuing a power of attorney for the payment of pensions and benefits to individuals are enshrined in article 185 and the norms of part 3 of article 185.1 of the Civil Code of the Russian Federation. The law stipulates that a document must be drawn up in simple writing and certified by a notary.
So that in the future the contract is not invalidated and has legal force, the power of attorney must contain all the necessary details:
- the title and full address of the place of detention;
- detailed information about the principal and the authorized person: full name, passport data, date and place of birth, addresses and contact numbers;
- a full list of the powers of the attorney in accordance with the norms for receiving funds established by the pensioner;
- validity;
- registration date and signature of both parties.
The date of certification of the power of attorney is one of the most important points, since it is from this moment that the calculation of the validity period begins. If the document is not dated, then it is considered null and void.
Depending on the life circumstances of an elderly person, there are several ways to write and issue a power of attorney to receive a pension.
At Sberbank for a relative
A pensioner has the right to draw up a power of attorney to receive a pension in any banking institution with which the Pension Fund has entered into an agreement at the legislative level. The list of banks with which agreements have been concluded can be found on the website of the Russian Pension Fund pfrf.ru.
The most common is Sberbank, where you can get money either through the cashier or by credit card charges.
The offer is advantageous in that the issuance of a pension deposit card is completely free, and the withdrawal of accrued funds through an ATM is made without commission.
Standard form for drawing up a power of attorney to receive a pension:
From the doctor
In the case of long-term treatment of a pensioner in a hospital or other health care institution, only the administration, in particular the head physician, has the authority to issue a power of attorney for pension payments.
This document is compiled according to the sample:
At the post office
A power of attorney to receive a pension is drawn up, as a rule, at the post office at the place of residence of an elderly person and requires only filling out an application:
At the notary
The power of attorney can be notarized at any legal service center. It is better to entrust the filling out of the document to specialists who have knowledge of the rules for drawing up such an agreement, but it will not hurt the principal to familiarize himself with it in advance.
Document validity period
Until September 2013, according to the legislation of the Russian Federation, the term of validity of the power of attorney was limited to three years. Now it can be issued for a year, 3, 5, 10 or 20 years, depending on the circumstances.
This point in the document should be given special attention and, in the case of long-term treatment, it is recommended to clarify the length of stay in the medical institution, so that later you do not have to issue the cancellation of the issued power of attorney.
Important: when notarizing a document after one year, each subsequent pensioner must submit a certificate No. 9 to any post office or city bank, regardless of the period for which the power of attorney is concluded.
Termination
If a pensioner signed a document on the payment of funds to an authorized person and expressed a desire to cancel the power of attorney, for example, on the occasion of discharge from the hospital or upon returning to the city, he is obliged to notify the relevant authorities about the cancellation of the contract and its termination personally at the post office or bank.
Where to present
The payment of pension funds, following the legislation of the Russian Federation, is carried out by banking organizations with which the Pension Fund has entered into an agreement, or post offices at the place of residence of an elderly person.
The trustee is obliged to contact any of these organizations and receive funds upon presentation of a notarized power of attorney and identity card.
Pay
When making an agreement, the relevant authorities, the post office or the bank, pay the pension to the authorized person in cash or by crediting funds to a credit card.
For illegal receipt of pension funds by power of attorney, the legislation of the Russian Federation provides for bringing, as a rule, to criminal liability.
If the power of attorney to receive pension funds is drawn up according to the rules of the Civil Code, that is, it does not contradict the legislation of the Russian Federation, then there should be no problems with its presentation in banking organizations and post offices.
However, in many banks, in particular Sberbank, documents submitted for the first time must pass a mandatory state check for the accuracy of the data.
After 3-5 business days, a response letter is received confirming the positive (negative) result, after which the power of attorney will be added to the database of the banking organization and will not be required upon subsequent receipt of pension payments.
Only its owner can receive a pension in our country. There is nothing wrong with this, on the contrary, it is protection against fraud, which pensioners already quite often become.
But of course, all sorts of situations can happen in life: the illness of a pensioner, his move to another place of residence and other events, as a result of which a person himself cannot personally receive money in his hands.
How to proceed? The surest way out is to issue a power of attorney for a person in whom you are confident.
What does a power of attorney look like
In principle, this is the most common document that is written by hand in free form. It contains information such as where and when it was issued, information about who issued it, information about who it was issued to.
Therefore, a person can receive a document for a pensioner his pension. Therefore, it is very important to choose for this purpose a person whom you will trust, who has established himself only on the positive side. Otherwise, not the most pleasant situation may happen.
And of course, this document must be signed, not only by the person who is going to entrust the receipt of the pension, but also by a special person - a notary. Thanks to this action, the document gains legal force. Although, on the other hand, this can be considered a minus, since this service is paid.
The person himself, the medical organization in which the pensioner is being treated, and the employer issue such a paper.
How long is the power of attorney valid
In the modern civil plan, everything is simple and democratic in this regard - the power of attorney will be as effective as the pensioner wants. The truth is, do not forget that the pension fund must be sure that you have not moved anywhere and are not receiving your pension elsewhere.
To do this, one must not forget to show up annually to this institution and confirm the registration. Otherwise, the term of the power of attorney will expire, and you will be forced to go for a pension yourself! Also, the power of attorney is terminated if the person died, refused services and decided to receive everything himself, or if the person who received the pension for the pensioner refused to do so. It can also happen if a person (both he and the other) is missing or is no longer aware of his actions.
Whether you choose this method of receiving a pension or not choose - it's up to you! The main thing is that the person to whom you have entrusted this mission is honest and decent!
Below is a standard form and a sample power of attorney for receiving a pension, a version of which can be downloaded free of charge.
In some cases, citizens of retirement age are not able to receive pensions on their own, for example, in post offices or banks. In cases of loss of legal capacity by a pensioner, a trusted person can receive his payments.
Who can become a confidant of a pensioner? How to issue and certify such a power of attorney? What is the procedure for receiving it? We will answer these questions in this article.
Who can get a pension instead of a pensioner?
The Federal Law "On Insurance Pensions" dated 28.12.2013 No. 400-FZ allows pensioners to empower other people with the right to receive cash support instead of them. But for this they will have to sign a special power of attorney. This is a document that confirms the authority of the person to receive money for the pensioner. The conditions and rules for submitting a document are regulated by the Civil Code. Such a document can be drawn up not only by elderly citizens, but also by incapacitated citizens and minor children with the help of their legal representative. A legal representative can be:
- parents;
- guardians;
- trustees;
- adoptive parents.
Registration
For this purpose, it is possible to issue powers of attorney of two types:
- general - a power of attorney, with the help of which the pensioner himself authorizes someone to receive a pension in his place;
- submission - a power of attorney by which a person authorized by a pensioner empowers someone else with the right to receive payments in their place.
It should be noted that the issuance of the second type of power of attorney is possible only if the authorized person has the right to delegate to a third party, only in order to protect the interests of the pensioner, and only if the power of attorney does not prohibit this. In this case, the pensioner must be notified of the person to whom the sub-trust was issued.
Legislatively, there are no clear requirements for the design of this document. Therefore, according to general rules, it is drawn up in a simple written form. The main thing is that the document contains the following information about the principal:
- surname, name and patronymic;
- date of birth;
- Place of Birth;
- full passport data - series, number, by whom and when issued;
- information about the place of residence.
Exactly the same data is recorded about the trustee. In addition, the document must define a clear list of the powers of the trustee, to the extent that he has permission to put his signature instead of the trustee for the funds received. At the end there should be a date when the document was valid and signed by both representatives.
Assurance
The power of attorney to receive a pension requires certification. Depending on the life situation and circumstances, the document can be certified in several ways:
- organization at the place of work;
- institution at the place of study;
- the administration of the medical institution;
- a notary.
It is important that the document is certified free of charge at the place of study or work. On the contrary, notary services are paid. The cost of certification depends on the principal's place of residence. A pensioner can certify a document by arriving at the office with a trusted person or by calling a notary at home. But you should know that calling a notary at home is paid at a double rate.
If the principal nevertheless decides to use the services of a notary, then it is not necessary to prepare the text of the document in advance. Most often, notaries draw up the text of the power of attorney with their own hand and in the presence of both parties. However, you can use a ready-made form that you just need to fill out. You can download it here. Then, upon agreeing on all the conditions and checking the data, the notary certifies the power of attorney.
Dates of validity
The validity period of the document starts from the moment it is issued. As mentioned earlier, the date of its issue must be indicated in the text itself. Its absence will lead to the fact that the power of attorney is simply declared invalid. The expiration date is optional. As a general rule, if it is not registered, the authorized principal can use this paper within 1 year from the date of its registration.
But if, nevertheless, the principal wants to determine the period of validity of the document, he must indicate it at the time of certification. The maximum period of validity of a power of attorney to receive a pension is 3 years. Rating: 0/5 (0 votes)
