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:
- Request: Filed by the person concerned or a third party
- Assessment: Court evaluates medical and social reports
- Decision: Court grants appropriate protection and appoints a responsible person (aide, tutor, or curator)
- 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.