How to issue a power of attorney to receive a pension

A power of attorney to receive a pension gives the authorized person the right to receive another person's pension. In most cases, the need for this document arises due to the poor health of the pensioner.

The execution of the document is regulated by the Federal Law "On Labor Pensions in the Russian Federation" Article 18, Clause 6. It must contain certain data. It is also important to know about the terms of its validity, the annual confirmation of registration of the place of residence, cases of termination and the procedure for certification. Let's analyze each point in more detail. Compilation. The document is drawn up in free form on a sheet of A4 paper. It is important to include the necessary details in it:

• Name;
• Full name of the pensioner, date of birth, place of residence;
• Full name of the authorized person, date of birth, place of residence;
• Information about the granting of the right;
• Validity;
• Place and date of registration;
• Senior citizen's signature;
• Assurance.

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Dates of validity. According to article 186 of the Civil Code of the Russian Federation, a pensioner has the right to issue a power of attorney for any period. Without specifying a period, it will be considered valid for only one year. But the date of issue must be put on a mandatory basis, since without it the document is invalid.

Confirmation of registration. It is important to know that every year a pensioner needs to confirm the registration of his place of residence. This rule does not apply to documents issued for one year. For confirmation, he can personally receive a pension once a year. It is also possible to confirm registration through an authorized person who needs to contact the territorial body of the Pension Fund and provide one of the following documents:

• Retired passport;
• Certificate of registration at the place of residence (stay);
• Certificate of the housing office or local government on registration at the place of residence (stay) with the basis for issuance.

Termination cases. According to article 188 of the Civil Code of the Russian Federation, a power of attorney can be terminated in the following cases:

• The end of the term;
• Refusal of the trustee;
• Cancellation by a pensioner;
• Termination of the legal entity to which the power of attorney was issued (or reorganization);
• Death of one of the persons;
• Recognition of one of the persons as partially capable or incompetent, as well as missing.

Certification procedure. According to article 185 of the Civil Code of the Russian Federation, a pensioner has the right to certify a document free of charge in the organization where he studied, officially worked or received treatment. Many people certify powers of attorney from notaries, but on a paid basis. If a pensioner is not able to write a document on his own, it is necessary to call a notary at home and invite another person as a witness. If the principal cannot write, it is enough to give an answer of consent. But if he is not even able to talk, he will have to go through the procedure for obtaining guardianship over the incapacitated. Only then can a power of attorney be obtained.

Supplements. It is important to know that powers of attorney of pensioners serving sentences in correctional institutions are not accepted. In this case, the pension is paid at the location of the correctional organization. But if persons are in a pre-trial detention center, and the court's verdict has not yet been passed, a proxy can receive a pension. The document must be certified by the head of the pre-trial detention center. It is worth noting that organizations, for example, psychiatric institutions, boarding homes for the disabled, etc., can be trusted persons for receiving a pension. In this case, the pension will be transferred to the account of this organization.

It doesn't take much hassle to issue a power of attorney. Difficulties lie only in the choice of a witness or registration of guardianship over a pensioner (if necessary). It is also important not to forget to confirm the registration of the pensioner.