Considerations regarding the good faith of the guardian appointed to care for the major subject to the special guardianship protection measure

Abstract

The scientific research aims at identifying the necessary qualities of the appointed guardian to support the adult, which cannot take care of its interests due to the intervention of permanent and/or total deterioration of mental capacity. As a result, we will thoroughly examine the guardian's personal characteristics as attested to by the national court which oversaw the adoption of the special guardianship protection measure. We will present the legal obligations that the guardian must fulfill, expressly regulated by the legislator, and the civil and criminal sanctions that can be applied in case of abuse by the one appointed to protect the sick person. In addition, the legal control mechanisms of the guardian's activity at the disposal of the guardianship authority, respectively the court, are exposed, to supervise whether he acts in good faith in fulfilling his obligations. Our main approach concerns an examination of the relative judicial practice.