Who has the right to apply for the guardianship or trusteeship of the elderly?

A legally capable person who has reached the age of 18 may act as a guardian or trustee, provided that he or she meets certain criteria.

Restrictions and exceptions:

Persons who are:

• declared incapacitated or with limited legal capacity;
• are registered or treated in psychoneurological or drug treatment facilities;
• were previously guardians/carers, but the guardianship or custody was terminated due to their fault;
• whose interests conflict with the interests of the person in need of guardianship or custody;
• have been convicted of a serious or especially serious crime.

The procedure for guardianship / custody:

1. Applying to the guardianship and custody authority at the place of residence of the person in need of guardianship.
2. Submission of an application and the necessary documents, including

• the applicant's passport and identification code;
• documents confirming the person's condition (conclusion of the medical commission or court decision on recognition of incapacity);
• certificate of no criminal record of the applicant;
• other documents, depending on the requirements of the guardianship authority.

Important: The decision on the appointment of guardianship or custody is made by the guardianship and custody authority after a comprehensive examination of the circumstances and the applicant's compliance with the established requirements.