Romania protection of vulnerable adults

Protective measures: a) assistance agreements; b) judicial measures (judicial Counsel, special Guardianship, curatorship)

Legal framework: Romanian Civil Code (Codul Civil, CC), specifically in Articles 164–177

Competent authorities:

  • Courts;
  • notaries

Access requirements:

  • Assistance agreements: for any adult with full legal capacity;
  • Curatorship: for any adult with full legal capacity : but practical incapacity;
  • Judicial counsel: for any adult with partially deteriorated mental capacity;
  • Special guardianship: for any Adult with completely and permanently deteriorated mental capacity

Procedure:

-For judicial measures:

  1. Request: Filed by the person concerned or a third party
  2. Assessment: Court evaluates medical and social reports
  3. Decision: Court grants appropriate protection and appoints a responsible person (aide, tutor, or curator)
  4. Supervision: Periodic review, reporting duties, and possibility of modification or termination

-For assistance agreements:

  • the notary issues a notarial deed: it is a contract between the vulnerable adult and a chosen assistant (consilier judiciar), ensuring support in managing financial and legal matters.

Back to top