Special guardianship and judicial counselling lawyer in Bucharest
Does an adult need support to protect their interests, or does an existing protection measure need to be reviewed? We assess the documents and the person’s specific needs to identify the appropriate procedure while respecting their rights.
Description
Special guardianship and judicial counselling lawyer in Bucharest
Does an adult need support to protect their interests, or does an existing protection measure need to be reviewed? We assess the documents and the person’s specific needs to identify the appropriate procedure while respecting their rights.
Protection adapts to the needs of the person
Judicial counselling and special guardianship are protection measures, each subject to its own conditions. A diagnosis or advanced age alone does not justify the same measure for everyone. Medical and psychosocial assessments, personal autonomy and the support actually needed are relevant. The court determines the scope of the measure in accordance with the law.
What assistance can include
- Analysis of the necessity of a measure and of the applicable alternatives.
- Preparation of the application and documents for the court.
- Assistance in the procedure for establishing, replacing or lifting the measure.
- Analysis of the appointment of the guardian and of any potential conflicts of interest.
- Verification of the necessary authorizations for certain patrimonial acts.
The rights of the protected person
The measure is not a way to transfer property or to automatically eliminate any possibility of decision. According to Article 168, paragraphs (4) and (5) of the Civil Code, the court determines in its decision, based on the person’s autonomy and needs, for which categories of acts consent or representation is required. The person can conclude the acts for which the decision states that they do not require consent or representation on their own. If you are considering a specific act, prepare the full decision and the documents regarding the act, to verify what the person can sign and what further authorizations are required. The person’s wishes and interests must be taken into account under the procedural conditions.
If there is an old decision
Bring the full judgment and any subsequent documents. We assess the current legal framework and the need for reassessment, without automatically treating judicial interdiction under the former rules as identical to the current protection measures. In urgent cases, we separately assess whether a temporary measure may be sought under the law.
Documents for consultation
Civil status documents, relevant medical records, existing decisions and information about available support. Concrete examples of difficulties in managing interests are useful; documents that need to be signed and any potential conflicts are also included. Medical and patrimonial data are transmitted through an agreed method, limiting the documents to those necessary for the analysis.
Frequently asked questions
Can any relative decide alone on the person’s behalf?
No. We check the existing rights, the applicant’s standing and the appropriate procedure.
Can the guardian freely sell the protected person's property?
Do not assume that the guardian is free to do so. The judgment, the guardian’s duties and the authorisations required by law must be considered.
Can the measure be modified if the situation changes?
We assess the conditions for reassessing, replacing or lifting the protection measure, based on current needs and the relevant documents.
Request the analysis of the documents
Lawyer Constantin Andor has been a member of the bar since 2000 and has operated his law office since 2007. Services and fees are agreed in a legal assistance contract after the objective and documents have been clarified. The law office works with lawyers and experts according to the needs of the case. We do not guarantee a particular outcome or duration.
Call: 0732.710.701 · Contact us on WhatsApp · Contact form. Mention any approaching deadline. Confidential documents should be sent using the method agreed with the law office.
