Laws and regulations of administrators

Questioner

i have a question I am in the guardianship, but the question is what are the laws and regulations that the guardian must adhere to? We have been given all the rules that we must adhere to, but we do not know whether they have to adhere to anything.

Lawyer

The guardianship (to protect adults) is regulated in Article 431 et seq. of Book 1 of the Civil Code. It means that the guardian is obliged to draw up a description of the goods subject to the guardianship as soon as possible and to submit a copy thereof to the Court of the place of residence of the person under guardianship. The subdistrict court judge may at any time summon the administrator for questioning. The administrator is obliged to provide all information desired by the subdistrict court judge. During the administration, the administration of the assets under administration is the responsibility of the administrator. During the administration, the administrator represents the person under administration in and out of court in the performance of his duties. The administrator can also perform all acts for the beneficiary that contribute to good administration. However, the administrator requires permission from the person under administration or, if the person is unable or refuses to do so, authorization from the subdistrict court judge for the following actions: a. disposing of and entering into agreements for the disposal of an asset subject to administration, unless the act can be regarded as an ordinary act of management or is carried out pursuant to a court order; b. accept a bequest or gift to which charges or conditions are attached; c. lend money or bind the person under guardianship as surety or joint and several debtor; d. agree that an estate to which the person under guardianship is entitled will be left undivided for a specified period of time; e. entering into an agreement to terminate a dispute, unless the subject of the dispute does not exceed a value of €700; f. other acts designated at the time of the establishment of the trust or thereafter. A trustee is liable to the person under guardianship if he fails to provide the care expected of a good trustee, unless the failure cannot be attributed to him. Unless other times have been determined, the administrator shall render an account and statement annually and at the end of the administration to the person under administration, as well as at the end of his task to his successor. The account and statement shall be rendered before the subdistrict court judge. The subdistrict court may exempt the administrator - either at his request or ex officio - from the obligation to render the periodic account and statement before him; he may also determine that this method of rendering the account and statement will only take place every number of years to be determined by him. Every five years, or as soon as the subdistrict court determines, the administrator shall report to the subdistrict court on the progress of the administration. A former administrator remains obliged to do everything that cannot be postponed without detriment to the person under administration, until the person who is authorised to manage the assets after him has accepted this. The full articles of Book 1, art. 431 et seq. of the Dutch Civil Code regarding guardianship for the protection of adults can be found via the link below. http://wetten.overheid.nl/BWBR0002656/Boek1/Titel19/geldigheidsdatum_19-04-2014