The Dutch Civil Code offers the possibility to protect vulnerable adults by imposing a legal protection measure: guardianship, protection regime or mentorship. These three safeguards provide the opportunity to provide appropriate protection of the interests of the subject in each individual case. The Dutch Civil Code states who can request the imposition of a protection measure. This concerns, for example, close family members, the partner and the institution where the person concerned is cared for or who provides guidance to him. The judge will decide on the request. If the judge decides to institute a protection measure, he appoints a trustee, protection administrator or mentor. In doing so, the judge ensures that the candidate representative is suitable to act as a representative. When appointing the representative, the judge in principle follows the express preference of the person concerned, for example for the partner, a particular family member or a close acquaintance. The judge can also appoint a so-called professional representative. That is a representative who assists three or more people. The judge supervises the functioning of representatives. Moreover, professional representatives must meet quality requirements. Both professional and family protection administrators must report annually to the person involved before the court.
Receivership has the most far-reaching consequences: someone who has been placed under guardianship is in principle incapable of acting. This means that the person concerned can no longer decide independently on many matters. The law accounts for this by taking the principle that a protection measure does not intervene more than is necessary in the given situation. For example, a judge may only institute guardianship if a protective regime or mentorship, or a combination thereof, is not sufficient to protect the interests of the person concerned.
The judge establishes the administration of one or more of the property of the person concerned (Article 1: 431, first paragraph, of the Dutch Civil Code) and can expand or limit the established administration on request or ex officio (Article 1: 433, second paragraph, Dutch Civil Code). Within the current legal framework, the judge can set up a so-called light government. The Council for the Judiciary (hereinafter also: Rvdr) draws attention to this. Government light can be used for those whose self-reliance has grown or increased in such a way that the protection administrator can give more control over the finances, for example when those involved are capable of more than managing weekly and monthly living allowance.
Since the Municipal Debt Assistance Act (hereinafter also: Wgs) came into force in 2012, municipalities have been responsible for providing appropriate support to their residents in the event of debts.
The bill changes two issues surrounding debt management:
1. In specific cases, municipalities will be given advisory rights by the court. This will enable municipalities to better fulfill their coordinating role on the basis of municipal debt assistance. This may lead to a better balance between debt management and another, lighter form of support from the municipality for the person concerned. At the moment, municipalities are often not aware of requests for debt management.
2. Debt regime can only be instituted for a definite period. This is to prevent the government from taking an unnecessarily long time.