Over which persons guardianship can be established?

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.