Guardianship cases

KROMANN law firm are specialists in guardianship cases and have conducted many cases concerning guardianship 

We assist in all types of guardianship cases, where, in accordance with the Danish Guardianship Act, guardianship must be established for a person who is unable to manage their own affairs due to, for example, mental illness, severe dementia, impaired mental development, or other forms of serious health impairment.

WHAT IS GUARDIANSHIP?

Guardianship may concern both personal and financial matters, and it can also be limited to specific personal or financial areas.

Persons under guardianship are generally still legally competent adults, but in some cases a person may be deprived of their legal capacity in relation to financial matters. This may occur, for example, if it is necessary to prevent the person from exposing their financial interests to risk or significant deterioration.

In relation to persons suffering from dementia, guardianship may be relevant, for example in connection with the sale of real estate or other decisions that the person is no longer able to make themselves, such as giving informed consent under the Act on Patients’ Legal Rights on behalf of a patient who lacks the capacity to provide informed consent.

In relation to persons with mental illness or developmental disabilities, guardianship may be relevant in financial matters or in situations where the guardian represents the person in important personal matters, such as applying for institutional care, handling communication with social authorities, or submitting complaints or requests for access to documents.

DECISION ON ESTABLISHMENT OF GUARDIANSHIP

It is the The Agency of Family Law (Familieretshuset) or the courts that decide whether guardianship should be established. If it is considered inappropriate to handle the case administratively—for example if the person who is to be placed under guardianship objects—the case is referred to the district court. Decisions regarding deprivation of legal capacity must always be made by the district court.

The person concerned must always be informed that a request for guardianship has been submitted, regardless of their condition, and must also be informed of any statements obtained as well as the final decision. The closest relatives will also be notified. A medical certificate must be provided confirming whether the health-related conditions are met. If the person lives in an institution, a statement from the institution will also be obtained.

The person who is to be placed under guardianship has the right to request a meeting with the Family Court and to make comments. However, such a request may be refused if it is assessed that the person is not capable of contributing meaningfully. If the case is handled by the court, the court will always appoint a lawyer to represent and assist the person concerned.

As a general rule, no legal fees are payable by the person concerned. The individual must give evidence at a court hearing unless it is deemed unnecessary in the specific case.

Decisions made by the Family Court regarding guardianship can be brought before the district court. Judgments from the district court may be appealed to the High Court.

CONTACT US TODAY

If you are seeking legal assistance in a guardianship case and therefore need a lawyer to represent you in an ongoing guardianship proceeding, call us today on +45 8618 1102 so you can gain peace of mind and be assured of competent and efficient handling of your case.

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