Protective measures: Guardianship; Continuing power of attorney
Legal framework: Guardianship Act (Værgemålsloven); Act on Continuing Power of Attorney (Lov om Fremtidsfuldmagter;
Competent autority: Agency of Family Law (when legal capacity is not removed); Courts (when legal capacity is removed).
Access requirements:
Can be put under guardianship the adults who are incapable of managing their own affairs due to:
- Mental illness (e.g., dementia, intellectual disabilities).
- Severe cognitive impairments.
Procedure:
- A request is submitted to the Agency of Family Law (if the case does not involve deprivation of legal capacity) or the court (it handles cases involving loss of legal capacity (umyndiggørelse). The agency/court investigates whether guardianship is necessary.
- A medical certificate is usually required to confirm incapacity.
- If legal capacity is removed, the decision is registered (tinglyst).
- At the end of the procedure, a guardian is appointed by the Agency of Family Law (or by the court). The agency (or the court) monitors the guardian’s actions. Furthemore, the guardian can be removed if they abuse their role or act improperly.
- The scope of guardianship can be adjusted (expanded, limited, or revoked) based on the ward’s needs. A request for changes can be made by the ward, family members, or the Agency of Family Law.