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Establishment of guardianship or custodianship over incapacitated or partially incapacitated adults

Как получить услугу
Online
Individuals

On the portal you can get the service in several ways:

Using EDS:

1.Log in to the portal or register

2. Click on "Request online" button

3. Fill all sections of e-request

4. Sign a request with digital signature 

5. In personal account ("History of obtained services") familiarize with notification on your request processing status, which will be sent within the stated period.

Online
Legal entities

On the portal you can get the service in several ways:

Using EDS:

1.Log in to the portal or register

2. Click on "Request online" button

3. Fill all sections of e-request

4. Sign a request with digital signature 

5. In personal account ("History of obtained services") familiarize with notification on your request processing status, which will be sent within the stated period.

Government for citizens
Individuals

Documents for submission to "Government for Citizens" Public Corporation":

  1. Application in the form 1 or 2.
  2. An ID document or an electronic document from the Digital Documents service (for identification).
  3. A court decision recognizing a citizen as legally incapacitated or partially incapacitated.
  4. Marriage/divorce certificate.
  5. The statement of the medical advisory commission in the 026/y form (when establishing custodianship).
  6. Certificates confirming the absence of information on registration in narcological and psychiatric dispensaries.
  7. Written consent to the establishment of guardianship (in any form) from all family members living with the potential guardian over the age of 18 (if the ward is expected to live with the guardian).

Information on the absence of the fact of incapacity or limited legal capacity of the recipient of the service, on the presence of an adult over whom the data on the incapacity or limited legal capacity are established, on the first head of the center for the provision of special social services (if it is an employee of the center for the provision of special social services) and on the above-mentioned paragraphs 2, 3, 4, 5, 6 are received in the form of electronic documents certified by the digital signature of authorized officials from the relevant state information systems. An electronic request for consent to establish custody from all family members over the age of 18 living with a potential guardian is sent to their personal account through the e-Government portal.

In the absence of information in the information systems, the relevant documents are attached to an application.

Government for citizens
Legal entities

Documents for submission to "Government for Citizens" Public Corporation":

  1. Application in the form 1 or 2.
  2. An ID document or an electronic document from the Digital Documents service (for identification).
  3. A court decision recognizing a citizen as legally incapacitated or partially incapacitated.
  4. Marriage/divorce certificate.
  5. The statement of the medical advisory commission in the 026/y form (when establishing custodianship).
  6. Certificates confirming the absence of information on registration in narcological and psychiatric dispensaries.
  7. Written consent to the establishment of guardianship (in any form) from all family members living with the potential guardian over the age of 18 (if the ward is expected to live with the guardian).

Information on the absence of the fact of incapacity or limited legal capacity of the recipient of the service, on the presence of an adult over whom the data on the incapacity or limited legal capacity are established, on the first head of the center for the provision of special social services (if it is an employee of the center for the provision of special social services) and on the above-mentioned paragraphs 2, 3, 4, 5, 6 are received in the form of electronic documents certified by the digital signature of authorized officials from the relevant state information systems. An electronic request for consent to establish custody from all family members over the age of 18 living with a potential guardian is sent to their personal account through the e-Government portal.

In the absence of information in the information systems, the relevant documents are attached to an application.

Service provider
Individuals

Documents required for submission to service provider:

  1. Application in the form 1 or 2.
  2. An ID document or an electronic document from the Digital Documents service (for identification).
  3. A court decision recognizing a citizen as legally incapacitated or partially incapacitated.
  4. Marriage/divorce certificate.
  5. The statement of the medical advisory commission in the 026/y form (when establishing custodianship).
  6. Certificates confirming the absence of information on registration in narcological and psychiatric dispensaries.
  7. Written consent to the establishment of guardianship (in any form) from all family members living with the potential guardian over the age of 18 (if the ward is expected to live with the guardian).

Information on the absence of the fact of incapacity or limited legal capacity of the recipient of the service, on the presence of an adult over whom the data on the incapacity or limited legal capacity are established, on the first head of the center for the provision of special social services (if it is an employee of the center for the provision of special social services) and on the above-mentioned paragraphs 2, 3, 4, 5, 6 are received in the form of electronic documents certified by the digital signature of authorized officials from the relevant state information systems. An electronic request for consent to establish custody from all family members over the age of 18 living with a potential guardian is sent to their personal account through the e-Government portal.

In the absence of information in the information systems, the relevant documents are attached to an application.

Service provider
Legal entities

Documents required for submission to service provider:

  1. Application in the form 1 or 2.
  2. An ID document or an electronic document from the Digital Documents service (for identification).
  3. A court decision recognizing a citizen as legally incapacitated or partially incapacitated.
  4. Marriage/divorce certificate.
  5. The statement of the medical advisory commission in the 026/y form (when establishing custodianship).
  6. Certificates confirming the absence of information on registration in narcological and psychiatric dispensaries.
  7. Written consent to the establishment of guardianship (in any form) from all family members living with the potential guardian over the age of 18 (if the ward is expected to live with the guardian).

Information on the absence of the fact of incapacity or limited legal capacity of the recipient of the service, on the presence of an adult over whom the data on the incapacity or limited legal capacity are established, on the first head of the center for the provision of special social services (if it is an employee of the center for the provision of special social services) and on the above-mentioned paragraphs 2, 3, 4, 5, 6 are received in the form of electronic documents certified by the digital signature of authorized officials from the relevant state information systems. An electronic request for consent to establish custody from all family members over the age of 18 living with a potential guardian is sent to their personal account through the e-Government portal.

In the absence of information in the information systems, the relevant documents are attached to an application.

Результат оказания услуги

An order on the establishment of guardianship or custodianship issued by the authorized body for social protection of districts and cities of regional significance, cities of republican significance and the capital, or a substantiated refusal.

On the portal, the service delivery result is sent and stored in the personal account of a service recipient.

Часто задаваемые вопросы
Grounds for refusal to provide public services established by the laws of the Republic of Kazakhstan
  1. Establishing the unreliability of the documents submitted by the service recipient for receiving a public service and (or) the data (information) contained therein
  2. Non-compliance of the service recipient and (or) the submitted materials data and information necessary for the provision of public services with the requirements established by Article 122 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family"
  3. The presence of a court decision that has entered into force in relation to the service recipient on the basis of which the service recipient is deprived of a special right related to receiving a public service
Grounds for institution of an administrative procedure
  • appeal;
  • initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

  • Full name, IIN, postal address of a natural person, BIN of a legal entity;
  • name of administrative body, official to whom the appeal is submitted;
  • the essence of an appeal;
  • date of filing an appeal;
  • signature of the applicant or his representative;
  • other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

! It is barred to reject the receipt of an appeal.

  1. Once the appeal is submitted, the applicant is issued a receipt containing a unique number, indicating the date and time, last name and initials, and the position of the person who received the appeal.
  2. In the case of non-compliance with the requirements established by Article 63 Code, the administrative body and the official shall indicate to the applicant the requirements the appeal does not comply with, and set a reasonable time limit for bringing it into compliance with the requirements.
  3. Before a decision is made on the administrative case, the applicant may withdraw the appeal on the basis of his written application.

Referring the appeal to an authorized administrative body and official

An appeal received by an administrative body and official whose authority does not include the consideration of this appeal, within no later than 3 working days from the date of its receipt shall refer it to the authorized administrative body and official, with simultaneous notification of the participant in the administrative procedure.

  1. The timeframe of administrative procedure is 15 working days from the date of receipt of an appeal.

! The laws may set the other timeframe for consideration of appeals (For example, according to the Law “On Access to Information” a reply to a written enquiry is provided within fifteen calendar days from the date of receipt of the information by the owner).

  1. The period of administrative procedure may be extended by a reasoned decision of the head of the administrative body for not more than 2 months, consistently the participant in the administrative procedure is notified within 3 working days from the date of extension.

A participant in the administrative procedure has the right to file a complaint the administrative action (inaction) related to the adoption of an administrative act.

If an administrative body and official within the timeframe has not adopted an administrative act or committed an administrative action, then commencing from the date of expiry it is considered that the administrative body and official rejected to adopt the administrative act or commit the administrative action.

The complaint is submitted to the administrative body and official whose administrative act and administrative action (inaction) is being appealed.

An appeal to the court is allowed after a pre-trial appeal. If the law provides for the possibility of going to court without the need to appeal to a higher authority, the administrative act, administrative action (inaction) of the administrative body and official is being disputed, along with the revoke, submit to the court a reasoned position of the head of the higher administrative body and official.

! The Administrative Procedure Code not always rules the procedure of complaint; the industry laws may contain statutes indicating the appeal of the decision in the court, without pre-trial appeal.

  1. A complaint against an administrative act, administrative action (inaction) is submitted to the administrative body and official no later than 3 months from the day when the participant in the administrative procedure became aware of the adoption of the administrative act or the commitment of an administrative action (inaction).
  2. If the deadline is missed for a good reason, at the request of the participant in the administrative procedure, it may be renewed by the body considering the complaint.
  3. Missing the deadline for submitting the complaint is not a basis for rejection to receive the complaint by the body considering the complaint.

! Other laws may establish a special procedure and deadlines for appealing the decisions.

The period for consideration of the complaint is 5 working days from the date of receipt of the complaint.

! Other laws may establish a different period for appealing the decisions of administrative bodies.

 

 

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"

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Полное название
Establishment of guardianship or custodianship over incapacitated or partially incapacitated adults
Получатели услуги
Individuals
Legal entities
Individuals
Legal entities
Individuals
Legal entities
Стоимость услуги

Free of charge

Срок оказания услуги

19 working days

Услугу оказывает
Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan
Место предоставления услуги
«State-owned corporation «Government for citizens» NJSC
Digital Government Portal
The local executive body of social protection of the population of cities of republican significance, the capital, districts and cities of regional significance

Rules for public services provision

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