Legal representation
Do you, in the capacity of a legal entity, want to represent someone who is unable to care properly for themselves or for their own finances? In that case you can be appointed administrator, curator, or mentor. You apply for appointment to the subdistrict court.
Forms of legal representation
There are 3 ways you can make decisions on behalf of a person who is incapable of doing so. For instance as a result of addiction or mental disability. They can be placed under:
- Mentoring: if someone cannot decide themselves on personal issues such as care, treatment or supervision a mentor may be appointed (in Dutch).
- Administration: an administrator can be appointed to manage someone’s finances and assets. For instance if a person cannot take care of their finances as a result of illness, debt or divorce (in Dutch).
- Guardianship: a person can be placed under guardianship if a lighter measure such as mentoring or administration (or a combination of these) do not suffice. A guardian then makes decisions on both personal as well as financial matters (in Dutch).
You can apply (in Dutch) for these forms of representation to the subdistrict court.
Quality requirements
If you, as an organisation, take care of 3 or more people, you must comply with legal quality requirements (in Dutch) in order to be appointed curator, administrator or mentor. The subdistrict court uses these criteria to assess your suitability for appointment. The recruitment, education and supervision of your employees are also verified. An external accountant must declare compliance with the quality requirements, each year.
Remuneration
For the provision of legal assistance you will receive a (statutory) remuneration. Based on the hours expended, a subdistrict court judge will set an annual fee.
Public Guardian Register
To find out if someone has a guardian acting for them, please check the Public Guardian Register (in Dutch).