Can a mentor send invoices without providing services?


Questioner

My wife has been admitted to the mental health crisis department several times for short periods (!) (-a few weeks). (Short-term: extract from the judgment of the Court of Appeal of The Hague, ECLI:NL:GHDHA:2021:858) This was the reason for the GGZ to request the subdistrict court to enforce a mentorship for her. The intended mentor had already been invited by the mental health service and was present at the hearing. The subdistrict court granted the request of the GGZ (Oct. 2022), whereby I was passed over as a spouse, which is not allowed! My wife and I immediately let it be known that we do not appreciate any interference in our private lives by a mentor. We told this mentor this the next day in a 30-second telephone conversation. The mentor in question has not performed any services and/or deliveries for my wife. However, that same day we received an invoice from this mentor for € 1,022.89 for the year 2022 (entry costs and 2.5 months of mentorship). Question 1: Is that allowed? Although the subdistrict court judge (wrongly) awarded the mentorship, NO services were provided! We will appeal to the Court (April 2023), the judgment of which will be on July 18, 2023. Although invited, this mentor does not appear at the hearing. After having fought so hard, an incredible statement follows for us: a. The Court determined that the subdistrict court judge made NO errors. b. The Court is of the opinion that the person concerned NO LONGER requires guardianship. c. The Court then terminates the guardianship. The result is that we have to pay all costs. A few days later we received another invoice from this mentor for € 1,506.36 for the year 2023. No services and/or deliveries were made for this either, in fact, we never heard from this mentor again. Question 2: Can this just happen? Even now, there is no question of carrying out a mentorship. Of course we are allowed to appeal in cassation, but we are tired of fighting and many thousands of euros poorer. Old and elderly with a half supplementary pension, the savings are gone and poverty is looming. Please advise, our lawyer is failing (no expertise).

Lawyer

Here are the rates https://www.rechtspraak.nl/Onderwerpen/Bewind/Paginas/kosten-bewind.aspx#kosten You can argue that 2023 does not concern the entire year, so you only want to pay part of it, Mick Veldhuijsen

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