Applying for 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 themselves. 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 support a mentor may be appointed.
- 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.
- Guardianship: a person can be placed under guardianship if mentoring or administration, or a combination of these, do not suffice. A guardian then makes decisions on both personal as well as financial matters.
Applying for representation
You can apply for legal representation to court in the Netherlands (in Dutch). You may only do this on behalf of the person you are representing. Every court accepts online applications through Mijn CBM (in Dutch). Alternatively, you can complete and send the form Verzoek tot ondercuratelestelling (pdf, in Dutch).
Quality requirements
You must comply with legal quality requirements (in Dutch) in order to be appointed as curator, administrator, or mentor. The National Quality Agency CBM uses these criteria to assess your suitability for appointment (in Dutch).
Conduct proceedings digitally
You are required to conduct proceedings digitally (in Dutch). This means that all communication with the court takes place electronically via Mijn CBM or via Aansluitpunt Toezicht. You can therefore carry out tasks, such as submitting reports or notifying changes about the person concerned, digitally.
Remuneration
For the provision of legal assistance you will receive a (statutory) remuneration. The judge will set an annual remuneration (in Dutch).