Guide to Placing Someone Under Guardianship

“My elderly family member has deteriorated significantly. A signature is required from them for an official matter, but due to their mental and physical condition, this is not possible. What should we do?” – asks a reader.

In such cases, guardianship may be justified to protect the personal and financial interests of the affected person.

Guardianship can be ordered through a judicial procedure in cases where, due to severe mental disorder or mental weakness, the person’s judgment is permanently and completely impaired, making them unable to manage their own affairs.

The procedure may be initiated by close family members or relatives of the person. In the absence of these, any interested party (such as a building manager, hospital, or local administrative authority) can also initiate it.

The procedure is exempt from fees, and the petition must be filed with the court that has jurisdiction based on the affected person’s residence. The petition should include evidence of the mental disorder and proposed proof (documents, witnesses, expert opinions, etc.).

If necessary, a special guardian can be appointed until the guardianship request is adjudicated. This special guardian is responsible for the temporary representation, care, and management of the affected person’s property.

In the case, the involvement of a prosecutor is mandatory, as they investigate the matter, including obtaining an opinion from a psychiatric expert committee. The expert assessment generally takes a few hours, though transporting the patient can be a demanding task for both the affected person and the family.

The court is obliged to hear the patient in person. If the defendant’s health makes it impossible for them to appear in court, it is possible to hold the hearing at the patient’s place of residence.

The court’s final decision will assign a guardian, typically the spouse, a close relative, or a family friend.

Any legally competent adult who accepts the responsibility and is deemed suitable may serve as a guardian.

A recent change allows the individual to designate their preferred guardian in a notarial document while they are still legally competent.

The guardian is the legal representative of the person under guardianship, acting independently in their affairs and is obligated to care for the incapacitated person. Contracts or legal acts personally signed by the incapacitated person may be annulled (except for minor, routine transactions).

If the condition of the person under guardianship improves over time, guardianship can be terminated through a judicial procedure.

While guardianship serves the interests of the affected person, it also restricts their rights, depriving them of decision-making authority, even if they might view it as unwarranted. Strict adherence to the protective measures mentioned above is essential to prevent abuse and unjust limitations on rights.