How do you get rid of an administrator?
A judge can change or terminate the administrator's order at any time. How do you get started?
How do you get rid of an administrator?
A judge may change or terminate the administrator's assignment at any time. A judge may do so himself (ex officio) or the request may come from:
- The protected person himself
- The trustee
- Any interested party (e.g. spouse, partner, family member, attending physician, CPAS, etc.)
- The public prosecutor
A comprehensive medical certificate must be attached to a request for termination.
The administrator's assignment also ends when the protected person dies.
Even if you, as an interested party, want to appoint another administrator (e.g. because of a breach of trust), you can submit a request to the justice of the peace.
Do I need a lawyer as a trustee?
Appointing a lawyer as a (professional) administrator has many advantages for both the protected person and his family members.
This is because a lawyer has knowledge of the legal elements which allows him to take care of the protected person's interests with expertise.
Also, lawyer-administrators are covered by their professional liability insurance. Therefore, they are better protected for mistakes made by an administrator.
Moreover, as an 'outsider', the lawyer-administrator can take an independent position. This allows things to proceed as objectively as possible and interference in the private life of the protected person can be limited as much as possible. Thanks to the appointment of a professional lawyer-mediator, family disputes can also be avoided.
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How is an administrator appointed?
The justice of the peace can organise the guardianship your request yourself, at the request of an interested person close to you or at the request of the CPAS or the public prosecutor.
What is the function of an administrator?
When adult persons are unable to manage, permanently or temporarily, their personal or property interests themselves due to their state of health, an administrator may be appointed.
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