The legal representative is ... The rights, duties and consent of the legal representative

A legal representative is one that represents a citizen or organization before the law. In fact, this definition is very vague. In different situations it characterizes different faces. Rights and duties, respectively, will also differ in those or other cases. All this will be discussed later. And to understand the question is not so difficult. It's enough just to pay attention to some features of the legislation of the Russian Federation. So what about the term being studied?

Definition

A legal representative is a person who, for one reason or another, represents the rights and interests of an incapacitated or disabled person. Also, such people have the right to represent and protect those who are capable, who for various reasons can not carry out the tasks themselves.

In fact, a representative is called a citizen who replaces other people and carries out actions in the interests of the one whom they replace. With this term, by the way, people get acquainted with the birth.

Rights and duties of representatives will vary depending on the situation. It has already been said that there are many defenders of interests. And in each case they will have to perform other tasks.

Types of Representatives

So where and when can representatives meet by law? The fact is that this question is not so difficult. We can say that in Russia, when a person can not participate in anything, he appoints the one who will replace him.

Accordingly, most often the legal representative is a citizen who will protect the rights and interests of another person:

• In everyday life (with incapacity or partial capacity);
• in a court;
• Educational institutions;
• Meetings;
• State bodies.

Most often, it is the first two categories that are encountered in practice. But what should citizens know about representation? How is it appointed? What rights and duties will this person have?

All this is important to know in full. Representation is a huge responsibility. Especially when litigating, or when it comes to incompetent persons.

Appointment for Persons with Disabilities

The answer to these questions is not as simple as it seems. Much depends on the situation as a whole. Quite often it turns out that it is necessary to appoint a legal representative of an incompetent adult citizen. Someone who could soberly assess the current situation, as well as make decisions for a trusted person. How then to be?

There are several options. If there are candidates, they will be appointed on a personal application. The citizen writes it according to the established pattern, then the guardianship bodies consider the candidate. If the requirements are met, the representation becomes possible.

When there are no candidates who could protect the interests of the incompetent adult, the state is engaged in this. More precisely, the bodies of guardianship and trusteeship. It was for this purpose that this organization was created.

Since birth

It has already been said that citizens are faced with legal representatives from birth. This is really so. After all, underage children are incompetent. Their interests must also be protected and represented by someone.

And parents are the legal representatives of the child. They take responsibility for the implementation of care and representation of the interests of the minor before the onset of his full legal capacity. Simply put, parents are responsible for their young children. After 18 years (or 16, if we are talking about emancipation), the need to represent and protect the interests and freedoms of children is lost. And the citizen becomes independent by law.

If the parents do not have a child, the representatives are officially appointed guardians, a foster family or close relatives of the baby (for example, grandparents). When the kid remains completely alone, then the state will protect him, as well as the adult incompetent.

By appointment and desire

In some situations, the right to appoint one's own representative is adequate and capable. In court, his role is often performed by a lawyer. But a citizen is able to appoint someone who is trusted by the representation of personal interests.

The appointment, as a rule, takes place at the notary. A detailed agreement is concluded between the trustee and the principal. There all the rights and duties of a person are registered , which will protect other people's interests. After the transaction is notarized, the citizen will be a trustee. In other words, a representative.

Rights

Now a little about what are the rights of the legal representative, and what obligations he takes on himself. These are extremely important nuances, because representation involves protecting someone's interests. Take on this responsibility, especially not by proxy, but by law is a serious step.

A legal representative is a person who can:

• To conclude transactions in order to increase the welfare of the principal;
• Dispose of property for profit for the incapacitated;
• Allow / prohibit a partially capable person to conclude transactions on his behalf;
• Terminate agreements that damage the property or interests of citizens, on whose behalf it acts.

Duties

And now a little about the duties. The fact is that the function of representation can be disclosed only in view of the understanding of the fact, what kind of responsibility will lie on the representative. Here, in fact, rights are also duties of the citizen. Why?

The duty of the representative is to protect the interests and freedoms of the citizen. That is, do everything to ensure that the trusted person is in a favorable position. So, it is possible to conclude and dissolve transactions that will be beneficial and insignificant for the incompetent, respectively.

The Organization

There is still such a thing as the legal representative of the organization. Such a person must protect the interests and rights of the company. Usually it is the direct owner of the company. The legal representatives are also referred to all those who work in the corporation. After all, they act in the interests of the employer.

Only an officially legal person can be an officially employed person. If a person does not work officially in this corporation, the representation does not take place.

As a rule, legal representatives in companies with special rights are:

• Leaders;
• Directors;
• Alternates;
• Accountants;
• Managers for recruitment.

Office workers are also representatives of the organization, but they have fewer rights and often more responsibilities. Therefore, in the case of companies, representation issues can not be interpreted unequivocally.

Results

What conclusions can we draw from all of the above? Legal representatives of students are parents and guardians. In general, representation is divided into several types:

• Representation of incompetent adults;
• Children;
• Individuals or legal entities.

Depending on this or that case, certain rights of the citizen will change. But their meaning remains the same. It is about protecting the interests, rights and freedoms of the trustee. The legal representative is the defender. And a kind of "implementer" of actions on behalf of a trusted person.

The legal representative of a child or an incompetent person, especially when registering guardianship or trusteeship, assumes obligations not only for protection but also for guardianship. That is, you will have to completely care for the trustee.

In practice, representation is found everywhere. This is not the most difficult point in the country's legislative system. With the term being studied, as has already been said, everyone is familiar to one degree or another.

The consent of the legal representative to carry out certain transactions is an important nuance that allows the partially capable or the child to act on his behalf. It turns out that citizens under trusteeship or guardianship can, with the permission of the representative, be responsible for some of their actions.