Article 36. Preservation of the property of a person under guardianship or trusteeship
On guardianship and trusteeship (LRU-364-son) · Date: 02.01.2014 · In force
Guardians or trustees must, within three working days from the day guardianship or trusteeship is established, receive the property of the person under guardianship or trusteeship from those who were keeping it, according to an inventory.
Where necessary, trustees of citizens with limited legal capacity and of adult legally capable citizens who need trusteeship due to their state of health are entitled, at the request of the person under trusteeship, to accept that personʼs property according to an inventory.
The inventory of the property of a person under guardianship or trusteeship shall be drawn up by the guardianship and trusteeship body with the participation of the guardian or trustee, representatives of the relevant citizensʼ self-government body, and the person under guardianship or trusteeship.
Other interested persons may also participate in drawing up the inventory.
The inventory shall be prepared in three copies and signed by all persons present when it was drawn up. One copy is handed to the guardian or trustee; the second copy is kept in the personal file maintained by the guardianship and trusteeship body for the person under guardianship or trusteeship; the third copy is sent to the child protection unit of the district (city) khokimiyat for entering the relevant data into the information system.
Where necessary, and if required by the lawful interests of the person under guardianship or trusteeship, the guardian or trustee must file a court application to reclaim the property of the person under guardianship or trusteeship from unlawful possession by others, or take other measures to protect that personʼs property rights.
Guardians and trustees must preserve the property entrusted to them belonging to the person under guardianship or trusteeship, prevent a decrease in its value and not enable extraction of profit from it. Performance of these duties by the guardian or trustee shall be carried out at the expense of the property of the person under guardianship or trusteeship.
Guardians shall be liable in the prescribed manner for transactions concluded on behalf of persons under their guardianship.
