Representation in guardianship and trusteeship authorities

Representation in guardianship and trusteeship authorities

In modern society, guardianship and trusteeship bodies play an integral role in protecting the rights and interests of people who, for various reasons, are in situations of vulnerability. Representation in such bodies is a key component of this process, contributing to ensuring a decent and safe life for people in need of protection. Guardianship and trusteeship bodies are legally regulated by the relevant legal acts. Representation in guardianship and trusteeship bodies is intended to ensure adequate and effective protection of the rights and interests of persons who cannot freely meet their needs due to physical, mental or legal limitations.

Guardianship bodies are institutions that protect the rights and interests of people who, for various reasons, are in situations of vulnerability or cannot make decisions on their own. These bodies are established to provide assistance and support to persons in need of protection in exercising their rights and resolving issues related to their welfare and well-being.

The names and functions of guardianship and welfare agencies vary from country to country and from one country to another. They are usually social welfare institutions that provide supervision, assistance with legal issues, medical care and other aspects of the lives of vulnerable groups.

Legal stages of support in the matter of guardianship and custody authority Children's services

The procedure for providing legal services may vary depending on the specific situation and needs of the client. However, the main steps and stages in the process of providing legal services can be summarised as follows:

• Contact with a lawyer or law firm: A lawyer may be contacted through a personal recommendation, an internet search, contact information from a database, or through advertising. The client contacts the lawyer or law firm, provides basic information about his or her problem, and arranges a meeting or consultation.
• Consultation and information gathering: During the first consultation on a guardianship matter, the lawyer receives a detailed description of the situation, problem or issue from the client. The lawyer may collect additional information, documents or evidence that may be important for the resolution of the case.
• Analysing the situation and developing a strategy: The lawyer analyses the information provided and determines the legal aspects of the case. A strategy is developed to solve the problem or protect the client's interests. All possible decisions of the guardianship and custody authority are made.
• Conclusion of a legal services agreement: A lawyer or law firm enters into a legal services agreement that sets out the parties' responsibilities, fees, terms and other important terms.
• Execution of actions in accordance with the agreed strategy: The lawyer or law firm carries out all necessary actions in accordance with the agreed strategy, which may include submitting documents, applying to the guardianship authority, negotiating, participating in court proceedings, etc.
• Reporting and informing the client: The lawyer informs the client about the progress of the work, any changes in the case or strategy, and any important decisions or events.
• Completion and evaluation of results: Once the process is completed or the goal is achieved, the lawyer or law firm evaluates the results with the client and discusses further action, if necessary. An appeal against the decision of the guardianship authority can be made through the administrative appeal process.
• Documenting and closing the case: At the end of the case, the lawyer or law firm ensures that all important events are documented and the case is closed in accordance with the agreement with the client. The decision of the guardianship and custody authority to determine the child's place of residence is decisive in the case. Such a decision is binding.

Under what conditions can the service be provided?

If a person has limited legal capacity or is unable to protect their rights on their own. The guardianship and custody authority is an important institution that protects the rights and welfare of people. If a person has limited decision-making capacity due to physical, mental or other circumstances, he or she may need the assistance of a representative to protect his or her rights and interests. In cases where minor children have lost parental care or are in difficult life circumstances, the deprivation of parental rights is the result of a decision of the guardianship and custody authority. If there is a court decision or a decision of the guardianship authority to appoint a representative. People with disabilities or those who are under guardianship due to other circumstances may need a representative to assist them in dealing with legal issues and managing their affairs. In cases of family conflicts, divorce or other situations where legal issues arise, the guardianship and trusteeship authorities can provide representation services to protect the interests of the participants.

In what cases can the service not be provided?

If the person is not under guardianship or custody. If the person has full legal capacity and can represent his or her interests independently. If there are no objective circumstances that would justify the need for representation, for example, if the person has sufficient resources and capabilities to manage their affairs independently. If the appointment of a representative contradicts the law or the internal regulations of the guardianship and custody agency, the representation service may be refused.

How to do it yourself?

First of all, you need to know what a guardianship and custody agency is. A guardianship and custody agency is a state institution or body responsible for protecting the rights and interests of people who, due to various circumstances, need additional care and support. They usually operate at the level of local authorities and have departments or branches specialising in guardianship and custody issues. 

Legal steps:

1. Read the relevant legislation and the rules of your local state guardianship service. The guardianship and welfare authorities are responsible for protecting the rights and interests of vulnerable people. Familiarise yourself with the relevant laws, regulations and procedures relating to guardianship in your country or region. This will help you to understand your rights and responsibilities, as well as the process of filing an application or request. A guardianship authority is an institution that is responsible for providing care and protection for people in a vulnerable situation.
2. In order to file an application or apply to the guardianship and custody authority, you may need certain documents, such as personal identification documents, medical certificates, birth certificates or documents confirming your need for representation.
3. Prepare an application or fill in the appropriate form required by the guardianship authority. Make sure that all the required information is correct and complete.
4. After preparing the documents, contact the relevant guardianship and custody authority and submit your application or appeal. Make sure that you follow all the established procedures and deadlines. The conclusion of the guardianship and custody authority can be cancelled only if serious violations or errors in the process of its adoption are detected.
5. After submitting your appeal or application, follow the process of its consideration and interact with the guardianship and custody authority regarding any additional requests or information they may require. It is important to follow all established requirements and procedures when submitting and reviewing your appeal or application to ensure that your case is successfully resolved.

The permit of the guardianship and trusteeship authority addresses a wide range of issues related to the protection of the rights and interests of persons in need of additional support and protection:

• Whether the person needs additional care, and, if necessary, appoint representatives for persons with disabilities, minor children without parental care, the elderly and other vulnerable groups.
• The child welfare authorities are involved in child care issues, determine the conditions under which children may be under care or guardianship, and take measures to protect children from violence, abuse and disadvantaged conditions. In such circumstances, an application must be submitted to the authority. It is usually submitted by a person who needs additional protection and support due to disability or other circumstances. This application - the "Application for the Involvement of a Guardianship and Care Authority" - may include a request for the appointment of a guardian or custodian, as well as for the provision of other services and support.They provide support to families in difficult situations, helping to resolve family conflicts, ensure that children are properly cared for and create favourable conditions for the healthy development of children.
• Establish rights and protections for people with disabilities, ensuring that they have access to the services and resources they need to live independently and be included in society. For example: permission from the guardianship and trusteeship authority to make a gift. A gift may need to be authorised by the guardianship and trusteeship authority in cases where the person under guardianship or trusteeship does not have full legal capacity and cannot manage their property or enter into legal transactions without the consent of the guardians or trustees.
• They can provide legal assistance and advice on family law, guardianship and custody, as well as appear in court cases in the interests of persons under their care. In this case, the participation of the guardianship and custody authority in court is possible.

Frequently asked questions about the guardianship and custody authority

What does the cost of the service depend on?

The complexity of the case and the scope of actions required . Qualifications and experience of the lawyer or attorney. Regional differences in prices and fees.