Protective measures: Guardianship; Continuing power of Attorney;
Legal framework: Chapter 10 of the Family Law Act (Sections 203–227);
Competent authority: County Courts
Access requirements:
- The person must have limited active legal capacity and be unable to manage personal or financial affairs.
- PoA is preferred, but if unavailable, guardianship is considered (§ 203 PKS).
Procedure:
- Filing a Petition: Submitted by an eligible party or the court. A temporary guardian may be appointed for up to one year (§ 521 TsMS). Guardianship can be requested by the individual, family members, local authorities, or initiated by the court.
- Court Investigation: The court personally hears the individual, consults family, and, if needed, orders a psychiatric assessment (§§ 524–525 TsMS).
- Appointment & Duties: Guardianship lasts up to five years and is tailor-made, granting only necessary powers (§ 203(2) PKS; § 526 TsMS).
- Supervision & Termination: The court reviews guardianship after five years and terminates it once no longer needed (§ 529 TsMS). Guardianship decisions, including financial transactions, require court approval (§§ 187–188 PKS