Over which persons can be established trusteeship?

An individual may be restricted in legal capacity by a court if:

• he/she suffers from a mental disorder that significantly affects his/her ability to realise the significance of his/her actions and/or to control them;
• they abuse alcohol, drugs, toxic substances or gambling, which leads to a difficult financial situation for them, their family or other dependent persons.

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 restrict a person's civil capacity.
• Conducting a forensic psychiatric examination to confirm the person's condition.
• Court decision to restrict civil capacity.
• Appointment of a guardian by the guardianship and trusteeship authority.

Important:

Guardianship is established to protect the rights and interests of a person with limited legal capacity, to assist him or her in making transactions and to control his or her financial situation and everyday needs.