Over which persons guardianship can be established?

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Guardianship is established over individuals who are declared incapacitated by a court.

Grounds for declaring a person incapacitated:

An individual may be declared incapacitated by a court if:

  • has a chronic or persistent mental disorder;
  • is unable to realise the significance of his/her actions and/or control them.

Who initiates guardianship?

  • Family members or close relatives of the person;
  • Guardianship and trusteeship authorities;
  • Other interested parties (e.g. social services).

The procedure for establishing guardianship:

  • Applying to the court with a petition to declare the person incapacitated.
  • Conducting a forensic psychiatric examination to determine the person's mental state.
  • A court decision to declare the person incapacitated.
  • After the court decision, the guardianship and custody authority appoints a guardian.

Important: Guardianship is established to protect the rights and interests of an incapacitated person and to control the proper management of his or her property and household matters.

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