Trusteeship

The regulatory framework for restricted capacity to act provides for partial capacity to act and joint decision-making. Partial capacity refers to the extent to which a person makes decisions together with an appointed trustee, while joint decision-making defines the extent to which the trustee acts independently in areas where the person is unable to understand or control their actions. Restriction of capacity to act does not affect personal rights provided for in the Civil Law (e.g., the right to marry, adopt, or acknowledge paternity).

For adults, capacity to act may be restricted if it serves the person’s interests and is the only way to protect them. Under the Civil Law, such restriction may be imposed on persons with mental or other health disorders, on persons living dissolutely or wastefully, or on persons whose excessive use of alcohol or other intoxicating substances threatens to drive them or their family into privation or poverty.

If a person’s capacity to act is restricted, a trustee is appointed. According to Article 355 of the Civil Law, trustees of adults are appointed by the relevant Orphan's and Custody Court pursuant to a court judgment. Under Section 40(1) of the Law on Orphans and Custody Courts, a trustee may be appointed:

• to a person with mental or other health problems, whose capacity to act has been restricted by the court;
• to a person upon whom the court has established temporary trusteeship;
• to a person whose capacity to act has been restricted by the court due to dissolute or spendthrift lifestyle, as well as due to the excessive use of alcohol or other intoxicating substances;
• to the property of an absent or missing person;
• for the execution of a will.

Temporary trusteeship may also be established without restricting capacity to act if it is urgently necessary in the person’s interests, the disorders are temporary, and the person cannot cause harm to themselves through their actions (Section 355–369 of the Civil Law).