Elderly Guardianship

How to arrange guardianship over an elderly person or a person with disability

When guardianship is needed

  • The person cannot exercise rights and duties independently due to health
  • Dementia, severe mental disorders, post-stroke conditions — typical grounds
  • Guardianship is set by a court (incapacity) or guardianship authority (limited capacity)
  • Care without formal guardianship — help is possible, but no right to manage property

Types of guardianship

Full guardianship (incapacity)

Court declares the person incapacitated → guardian acts fully on their behalf. Requires a psychiatric evaluation.

Limited capacity

The person can act but needs oversight (e.g., alcohol abuse, squandering) — a trustee approves transactions.

Patronage

The person is capable but physically cannot self-care — a helper assists under contract without limiting rights.

How to arrange it

  1. Contact the local guardianship authority — get the document list
  2. Collect: application, passports, medical records, household certificate, guardian consent
  3. For full guardianship — court petition + forensic psychiatric evaluation
  4. The court appoints a guardian from relatives/close persons or an authority nominee
  5. The guardian reports to the authority on condition and spending; property is supervised

What the guardian receives

  • Monthly care allowance for the ward — via social services
  • Right to manage the pension/benefits in the ward's interest
  • Utility benefits as a family member when cohabiting
  • Limits: cannot sell/gift the ward's property without authority approval
Patronage is often better than full guardianship: the person keeps their rights and help is arranged by a simple contract — no court or evaluation. Consult your community's guardianship authority.