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Guardianship, administration and curatorship

When a person is not (or no longer) able to independently look after his property-law and/or other interests, it may be in his interest to instigate guardianship, administration or curatorship.

Administration pertains to property-law (monetary) interests. The person put under administration remains legally competent in respect of his non-property-law interests. Administration may also be instigated for all or part of the assets of the person put under administration.

Curatorship pertains to non-property-law interests. Examples include care and (medical) treatment. In the event of curatorship, a person remains legally competent in respect of his property-law interests.

Administration and curatorship can be combined. In that case, the consequences are similar to those of guardianship, but the legal requirements and obligations are less strict and the person put under administration/curatorship remains competent to perform acts in the fields of the law of persons, family law, inheritance law, procedural law and public law. In many situations, the combination of administration and curatorship is preferred over guardianship.

Guardianship means that the guardian looks after both the property-law and other interests of the person put under guardianship. Other interests include issues such as accommodation, care and (medical) treatment. Legal acts in the fields of the law of persons, family law, inheritance law, procedural law and public law can also be undertaken by the guardian on behalf of the person put under guardianship. Guardianship is the most drastic measure.

In specific cases, SmeetsGijbels' lawyers can offer advice about the choice between guardianship, administration and/or curatorship and they can guide you through the legal process of instigating guardianship, administration and curatorship. They keep a close eye on not just the legal, but also the emotional aspects involved.

       

SmeetsGijbels Amsterdam

PO Box 78067
1070 LP Amsterdam
Jacob Obrechtstraat 70
1071 KP Amsterdam
T +31 (0)20 574 77 22
F +31 (0)20 574 77 33
info@smeetsgijbels.com

SmeetsGijbels Rotterdam

PO Box 1629
3000 BP Rotterdam
Westersingel 84
3015 LC Rotterdam
T +31 (0)10 266 66 66
F +31 (0)10 266 66 55
E info@smeetsgijbels.com

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