Patronage (law)

Patronage (from French patronage - "patronage", "support") - in the legal practice of Russia and other countries of the former USSR (Kazakhstan, Azerbaijan) - a special type of guardianship .

Patronage should not be confused with patronage as a special form of the family structure of minor children, with social patronage and medical patronage.

At present, patronage is understood as a form of assistance to legally capable adult citizens in the exercise of their rights.

Patronage is established over an adult capable citizen who, due to health reasons, cannot independently exercise and defend his rights , as well as fulfill his duties. At the same time, the request for patronage comes from the citizen himself. ^[one]

Having accepted the application, the guardianship authority is required to appoint a guardian (assistant) to the citizen. The applicant himself may agree or reject the appointment. If the appointment of an assistant is approved, then an assignment agreement or a trust deed is concluded between him and the applicant. In this case, the ward can act completely independently, and the trustee-assistant acts as a trustee and fulfills his duties to the ward citizen not by virtue of a decision of the guardianship and trusteeship body, but on the basis of an agreement concluded with the ward. For the trustee to make household and other transactions, the consent of the ward is required. Guardianship authorities oversee the activities of trustees-assistants.

Patronage is terminated at the initiative of the ward or at the request of the assistant (if there are good reasons). He may also terminate upon the release of the trustee by the guardianship authority from his duties due to improper performance, or in connection with the death of the trustee or ward.

In the Russian Federation, patronage was previously considered as a special kind of guardianship ; later it was allocated as an independent type of assistance controlled by the guardianship and trusteeship authorities. The legal form of patronage is provided for by Art. 41 of the Civil Code . ^[2]