Trustee or guardian can be appointed only with own agreement, if it is not contradicted to child’s interest. Close relatives has a prerogative right to be trusteeships or guardianships in comparison with others. Trusteeship is usually accepted by grandmothers, grandfathers, full-aged brothers, sisters, more rarely child’s aunts and uncles. But trusteeship care can be taken by another person.  

Trusteeship and guardianship can be only full-aged persons, except:

1) persons recognized by the court as incapacitated or limitedly capable;

2) persons deprived by the court of parental rights or limited by the court in parental rights;

3) persons suspended from the duties of a guardian or trustee for improper performance of the duties assigned to him by the laws of the Republic of Kazakhstan;

4) the former adoptive parents, if the adoption is revoked by the court on their fault;

5) persons who, due to their state of health, cannot fulfill the duties of a guardian or trustee;

6) persons who do not have a permanent place of residence;

7) persons who have a conviction that has not been canceled or not canceled for committing an intentional crime at the time of establishing custody (guardianship), as well as the persons referred to in subparagraph 12) of this paragraph;

8) stateless persons;

9) male persons who is not in registered marriage, except for cases of actual upbringing of the child for at least three years in connection with the death of the mother or deprivation of her parental rights;

10) persons who, at the time of establishing custody or guardianship, do not have income that provides the subsistence minimum wage established by the legislation of the Republic of Kazakhstan;

11) persons who are registered in the narcological or psycho-neurological dispensaries;

12) persons who have or have been convicted, subjected to or subjected to criminal prosecution (with the exception of persons whose criminal prosecution was terminated on the basis of subparagraphs 1) and 2) of the first part of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan) for criminal offenses: murder, deliberate harm to health, against health of the population and morality, sexual inviolability, for extremist or terrorist crimes, human trafficking;

13) citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan who have not undergone psychological training in the manner prescribed by paragraph 4 of article 91 of the Code on marriage and matrimony (with the exception of close relatives of the child).

In appointing a guardian or trustee for a child, the moral and other personal qualities of the guardian or trustee, his ability to perform the duties of a guardian or trustee, the relationship between the guardian or trustee and the child, attitude to the child of the family members of the guardian or trustee, and, if possible, the desire of the child himself.

If the person appointed by the guardian or custodian over the minor is married (spousal), the obligatory consent of his spouse is required.

Guardians or trustees of minors are obliged to live together with their wards, with the exception of cases when the wards are nurtured or treated in an educational organization or in a medical organization. Separate residence of a trustee with a ward who has attained the age of sixteen is allowed with the permission of the body that performs the guardianship or custody function, provided that this does not adversely affect the education and protection of the rights and interests of the ward.

Orphans and children deprived of parental care, especially need a support, care and protection of their rights and interests. For these purposes  guardianship, trusteeship and patronage are established. Trusteeship and guardianship mean protection of property and non-property rights and interests, patronage consider a great involvement in child’s upbringing.

If you wish, you can become a guardian or trustee for several children, if there is no contradiction between their interests.

Thus, to become a trustee or guardian is possible for:

• a child: orphan or deprived of parental care;
• full-aged child condemned as disabled.

A person can become guardian or trustee can for orphans or children deprived of parental care who are in the hospital, children home, orphanage or other organization and are registered in the body of trusteeship and guardianship. Usually, trustees and guardians are relatives of the child who has lost his parents and left by them: grandparents, aunts, etc. But it does not mean that you cannot be a guardianship for not biological child.

According to the article 125 of Code, trustee/guardian although realize his duties for free, but at the same time do not have to support the wards at own cost. The support of a ward is carried out at the cost of received guardian’s salary, alimony, pensions and other social payments, and also at the cost of belonged to him property. If there is no enough sources for ward support the authorities of trusteeship and guardianship assign a benefit for his support. 

Due to the fact that guardians/trustees must care about their wards support, they have not only the right but the duty to rise a demand for payment of alimony to the parent (s) of their ward, if they do not perform duties on child’s support. Full information on the order of alimony recovery is here.

Custody or guardianship is established in accordance with the rules for providing state services "Establishment of guardianship or custody of orphans and children left without parental care".

The service is provided by local executive bodies of Astana, Almaty and Shymkent cities, districts and cities of regional importance (hereinafter referred to as the service provider).

Acceptance of the application and issuance of the result of the state service is carried out via:

1. Non-commercial Joint Stock Company "State Corporation "Government for Citizens" (hereinafter referred to as "State Corporation");
2. e-government web portal www.egov.kz (hereinafter referred to as the Portal).

Terms of rendering of the state service:

1. from the date of submitting of the documents to the State Corporation, as well as when applying through the portal – 19 (nineteen) working days.

When applying to the State Corporation, the day of receipt of documents is not included in the term of rendering the state service. The Service Provider shall ensure delivery of the result of the state service to the State Corporation not later than one day prior to the expiration of the term for provision of the state service;

2. maximum allowable waiting time for submission of documents to the State Corporation is 15 minutes;
3. maximum allowable service time in the State Corporation is 15 minutes.

The result of providing the state service is an order on the establishment of guardianship or trusteeship of the department (management) of education of districts and cities of regional significance, the cities of Astana, Almaty and Shymkent, or a motivated response to refuse to provide public services.

The form of provision of the result of state service provision is electronic and (or) paper.

In case of application of the service recipient for the result of provision of the state service on paper, the result of provision of the state service shall be executed in electronic form, printed out, certified by the seal and signature of the authorized person of the service provider.

The result of the state service provided on the portal is sent and stored in the "personal account" of the service recipient in the form of an electronic document signed by the electronic digital signature of the authorized person of the service provider.

Required documents for trusteeship/guardianship stating:

• a statement in the form according to the standard of public service;
• identity document of the service recipient (required for identification);
• notarized consent of the spouse, if married;
• statements on the health status of the service recipient and the spouse, if married, confirming the absence of diseases;
• a copy of the marriage certificate if married;
• a copy of birth certificate of a child (children);
• copies of documents confirming the fact that there is no custody of the child of a single or both parents (death certificate, court decision on depriving parents of parental rights, limiting them to parental rights, recognizing parents as missing, incompetent (severely incapacitated), declaring them dead, the verdict of the court on the serving of parents' punishment in places of deprivation of liberty, documents confirming the search for parents, the removal of the child (children) from the parents, being of parents on long-term treatment in health care organizations, the act of throwing the child (children), the application for the refusal of the child (children), the birth certificate (in case of the birth of the child out of wedlock);
• information on the incomes of the service recipient and/or spouse if married;
• copies of documents confirming the right to use the home of the service recipient and/or spouse (in the absence of ownership of housing);
• the opinion of the child (children) (when reaching the age of ten years);
• a certificate of completion of training for persons wishing to adopt orphans and children without parental care (with the exception of close relatives of the child) into foster care (from July 1, 2020).

5. Body of trusteeship and guardianship realizes the examination of housing and living conditions of the person applying for the child upbringing, by the results of which the act is prepared.
6. On the basis of housing examination acts of а person, pretending on child’s upbringing and examination of child’s living conditions, trustee/guardian gets his status under akimat decision, on the basis of which guardian identity is given.
7. Care, upbringing, trusteeship, guardianship of entrusted child. Disposal of a property in the child’s interests until the appearance of conditions when there is no necessity in guardianship. Reports providing to the body of trusteeship and guardianship.