Temporary guardianship

The Civil Code foresees that the juvenile who is partially, totally or temporary unable to manage his goods or who is not capable of taking the necessary decisions concerning his own person, can , in view of his own protection, be assisted by a temporary Guardian.

A measure of protection of the good scan also be imposed to adults who are squandering their assets as far as the protection of their goods makes this necessary.

For the juvenile under the age of 17, a request of a Guardianship can be introduced when it is proven that his status will coincide with the status described in the first paragraph after his majority. The protection will start at the moment this person will reach the adulthood.

The temporary Guardian will assist or represent the protected person in the realization of acts concerning the goods or the people towards whom the incapability has been assessed.

The task of the Guardian is to manage the goods of the protected person as « good parent » would, and to assist the protected person in this.
Within the scope of his mission, he will organize a frequent communication with the protected person or his person of confidence.

The Guardian must periodically answer for his management deeds and is controlled by the Justice of the Peace.

The protective measures imposed by a judicial decision of the Justice of the Peace will start from the publishing of the decision in the the Belgian Official Journal.

Any action opposing the prescriptions of the Civil Code that will be carried out by the protected person will be considered invalid.
This nullity can only be called upon by the protected person or by the temporary Guardian.