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.
Spouses, parents, relatives or other persons close to the ward have a prerogative right for trusteeship or guardianship.