Article 36. Execution of Their Duties by the Guardians and the Trustees


1. The duties, involved in the guardianship and the trusteeship, shall be executed free of charge, with the exception of the law-stipulated cases.
2. The guardians and the trustees of the underaged citizens shall be obliged to live together with their wards. Residing of the trustee apart from their wards, who have reached 16 years of age, shall be admissible only upon the permission of the guardianship and trusteeship body under the condition that this may not have a negative effect on the ward's education and on the protection of his rights and interests.
The guardians and the trustees shall be obliged to inform the guardianship and trusteeship bodies on the change of their place of residence.
3. The guardians and the trustees shall be obliged to take care of the maintenance of their wards, to provide for them all the essential services and medical treatment, and to protect their rights and interests.
The guardians and the trustees shall be obliged to take care of their wards' education.
Guardians and trustees shall take care of the development (restoration) of the ability of a citizen whose legal capacity has been restricted as a result of mental disorder or of the citizen who has been declared legally incapable, to understand the meaning of his/her actions or to conduct them. 
Guardians and trustees shall exercise their functions taking into account the opinion of the ward thereof or, where it is impossible to learn this, subject to the information received from the parents and former guardians thereof, as well as from other persons who have rendered services to him/her and have discharged their duties in good faith.
4. The duties, delineated in Item 3 of the present Article, shall not be imposed upon the guardians and the trustees of the adult citizens, who have been restricted in their active capacity by the court, except for trustees of the citizens whose legal capacity has been restricted by court as a result of a mental disorder. 
5. If the grounds, by force of which the citizen was recognized as legally incapable or partially incapable, have ceased to exist, the guardian or the trustee shall be obliged to file a request with the court on his ward to be recognized as legally capable and on recalling the guardianship or the trusteeship, formerly established over him. 
If the grounds on which the legal capacity of a citizen who as a result of his/her mental disorder can understand the meaning of his/her actions or conduct them with the help of other persons has been restricted, have changed, the trustee is bound to file with court an application for cancellation of the restriction of legal capacity of the ward or for declaring him/her legally incapable in compliance with Item 3 of Article 30 of this Code.

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