Temporary guardianship

 

The Civil Code stipulates that an adult who, wholly or partially, temporarily due to their health condition, is unable to manage their property or make decisions concerning their person, can be assigned a provisional guardian for their protection.

A protective measure over property can also be ordered for adults in a state of wastefulness, if and as far as the protection of their interests requires it.

For a minor, from the age of seventeen, a request for protection can be filed if it is established that they will be in the condition mentioned in the first paragraph upon reaching adulthood. The protection takes effect when the protected person becomes of age.

The provisional guardian will assist or represent the protected person in acts relating to their property or person for which they have been declared incapable.

The provisional guardian's task is to manage the property of the protected person as a prudent parent or to assist that person in such management.
In the execution of their duties, they regularly consult with the protected person or their person of trust.

The provisional guardian must periodically account for their management and is under the control and supervision of the justice of the peace.

The judicial protection measure takes effect from the publication of the justice of the peace's order in the Belgian Official Gazette.

Acts carried out by the protected person in violation of the provisions of the Civil Code are void. This nullity can only be invoked by the protected person or the provisional guardian.

You can come to us for the following services, among others:

• Managing the property and person of the pupil
• Filing a claim by any stakeholder to obtain a provisional guardian.