Guardianship is a measure designed to protect someone who is unable to properly manage his or her financial interests and personal affairs.
If a person is placed under guardianship, he or she is deemed legally incompetent from that moment on and may no longer exercise parental authority over children or enter into contracts.
The appointment of a guardian must be ordered by the subdistrict court judge. The subdistrict court judge will carefully consider whether guardianship is warranted, as this is a far-reaching measure.
If the small claims court judge approves the establishment of guardianship, they will appoint a guardian. The guardian will assume the duties and obligations of the person placed under guardianship. In practice, however, the guardian often involves the person under guardianship as much as possible—where feasible—in carrying out these duties.
Would you like more information about establishing guardianship, or would you like to file a petition to establish guardianship? Please consult our specialists.