Protective measures: Guardianship;
Legal framework: Family Code (FC), artt. 223 ss.
Competent authority: District Court;
Access requirements:
Can be put under guardianship:
- Adults with mental, intellectual, or physical disabilities who cannot care for themselves or make legal decisions.
- Individuals whose legal capacity has been restricted by a court.
Procedure:
- Initiation of Guardianship:
- A request is submitted by an eligible party or the court initiates it ex officio.
- The court collects medical evidence on the person’s condition.
- Evidentiary Process:
- A medical expert provides an opinion on the person’s legal capacity.
- The court hears testimonies (unless it would harm the person’s health).
- A temporary guardian may be appointed during proceedings.
- Court Decision:
- If conditions are met, the court places the person under guardianship and appoints a guardian.
- The decision specifies guardian responsibilities (e.g., financial, legal, or personal care).
- The ruling is registered in official records to protect the ward’s assets.
- Appeal and Legal Remedies:
- Appeals can be filed with the appellate court.
- Extraordinary remedies include:
- Supervision and Termination:
- Guardians must submit annual reports to the CSW.
- The CSW can request guardian dismissal for negligence or abuse.
- Guardianship ends when:
- The ward regains legal capacity (court decision).
- The ward passes away (ends automatically).