Guardianship, administration & mentorship

A person who cannot make decisions themselves can be placed under guardianship, mentorship or administration. In this case that person is assigned a legal representative who can take certain decisions on their behalf. GMW lawyers in The Hague has the knowledge and experience to assist with these sorts of situations.

Making responsible decisions

Some people are not able to properly understand the consequences of certain choices as a result of illness, incompetence to perform legal acts or certain restrictions. In that case the court can appoint a legal representative such as a guardian, mentor or administrator. It is important to evaluate what things the person can still make decisions about and what things they cannot. To appear before the court, a lawyer is required. GMW lawyers can assist you with this.

Deciding together

Sometimes it is obvious who will be the representative, such as a parent, a partner, a sibling or a child. The person involved may have drawn up in writing or can draw up in writing that which person will represent them. Occasionally it may be desirable for an independent person to represent the entitled party, for example, in the case of family feuds.

Mentor, guardian or administrator

It may be necessary to enforce this representation legally, for example, when someone continues to spend money in an irresponsible way or wishes to live independently when this is not really possible. In that case the district court can appoint a representative who will make certain decisions for that person.

  • A mentor makes decisions at the personal level about care, nursing treatment and supervision
  • An administrator manages certain goods and the money of the person concerned
  • A guardian promotes the financial and personal interests, therefore is both a mentor and an administrator. This is the most far-reaching form of representation in which the person concerned can hardly make any decisions on their own anymore.

Questions? Further information?

If you have a question about this topic or about inheritance law and what it means for you, please contact us.

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