Is there a conflict of interest?

Questioner

I have had an administrator for five years now and I want to do everything myself again. The reason I applied for the guardianship is that I have ended up in an untenable financial position due to the actions of an uncle. He was appointed as testamentary guardian of my mother's estate. He made a huge mess of it. I am still in a BV with him. All the assets of the BV have now been sold. My guardian has now appointed a lawyer who has chosen to represent my uncle as well. I consider this a 'conflict of interest' because I am diametrically opposed to that uncle. The problem now is that there are current account debts to the BV that are higher than the proceeds from the sale of the properties. The lawyer considers this a major problem, but I think it is time to resolve it. I also get little response to my messages. I now pay my guardian for services that I can easily perform myself. Do you have any idea whether it is normal for a lawyer to represent two parties who are actually opposed to each other? And do you know how I can remove the guardianship?

Lawyer

It can indeed be a problem when the same lawyer represents both you and your uncle in disputes, as a conflict of interest can arise, as you have indicated. According to the Code of Conduct for Lawyers, a lawyer is obliged to act impartially and to be transparent about possible conflicts of interest. If you believe that these rules are not being followed, you can file a complaint with the local bar association. About the second question: Lifting the guardianship is possible, but it depends on your situation. Usually, a request must be submitted to the subdistrict court judge, who will then assess whether you are able to manage your financial affairs yourself again. This decision is made based on various factors, including whether the risk of financial problems has disappeared and whether you have been able to clearly demonstrate that you are well able to make independent financial decisions. Given the complexity of both issues, you may wish to consider seeking independent legal advice. A lawyer can help you understand how these rules apply to your situation, what your rights are and what steps you can take to protect your interests. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.