How is an administrator appointed?

The justice of the peace may organise guardianship at the request of the protected person himself, at the request of someone who also has an interest in it such as the protected person's spouse or attending physician, or at the request of the CPAS or the public prosecutor. The justice of the peace can also organise a guardianship on its own initiative when a mentally ill person has been forcibly admitted to an institution or when a person has been interned.

The justice of the peace will only organise a guardianship when he is convinced that this measure is really necessary, due to its far-reaching nature for the protected person.

Appointing a lawyer as a (professional) administrator has many advantages for both the protected person himself and his family members.

A lawyer is legally trained so that he will take care of the protected person's interests with expertise.

As an 'outsider', the attorney-in-fact can also take an independent position. This allows the regime to proceed as objectively as possible and interference in the private life of the protected person can be limited as much as possible. Consequently, thanks to the appointment of a professional lawyer-mediator, family disputes can be avoided.