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

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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.

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