Guardianship and legal capacity: what you need to know

Questioner

Subject: short summary about the functioning of X Quote: X functions in terms of social independence at the level of someone with a moderate intellectual disability (19-9-2011: SRZ total = 6, comparable to the level of a child aged 4 - 6.5 years, IQ 36-51). She has a disharmonious developmental profile. Her language use and language orientation are relatively strongly developed, her social orientation is socially weak. In addition, the lady has no insight into the value of money. She cannot read or write. She also has insufficient insight into time. All this makes X extremely vulnerable when it comes to making major decisions in all areas of life, including financial matters. For that reason, I think it advisable to set up guardianship for X. Unquote QUESTION ; Can X be considered 'Legally competent' or 'Legally competent'?

Lawyer

Until guardianship has been established, legal acts may be voidable, but in principle they are legally valid.

Questioner

Thank you very much for your quick response. For years, X was regularly approached by the management of the family replacement home CORDAAN with the request to sign 'for approval' if large amounts had to be debited from her account for a trip, holiday or otherwise. X then 'signed' with X - the only word she ever learned to write down with great difficulty - while she was completely unaware of the amount involved. As of December 5, 2016, I have been appointed administrator of Bea and these practices are a thing of the past. I wonder, however, whether the management of the CORDAAN foundation is not guilty of abusing a mentally handicapped woman. They knew very well that she had no idea of ​​WHAT exactly had to be signed and certainly not about the amounts involved.

Lawyer

Yes, that is possible, it is an appeal to a mental disorder or it is fraud or abuse of circumstances, error, one or more of those grounds. In any case, there are more grounds on which all cases of Mrs. Bea's signing could be annulled. That must be investigated extensively. In general, the limitation period for the above grounds is 3 years after they are discovered.