What to do when appointing an administrator or confidant?
If you are unable to care for yourself due to illness or disability, you can appoint a guardian or confidant.
It is always possible: due to illness or disability you are - temporarily or permanently - no longer able to take care of yourself, your goods, finances and possessions. Then you can appoint an administrator or confidential counselor.
An administrator is not the same as a confidential counselor.
Receiver
If someone becomes incapacitated, a justice of the peace can (temporarily) appoint an administrator who makes decisions in his place.
Any interested party can initiate the procedure:
- the person in need of care themselves;
- every person involved (family member, GP, neighbor, etc.);
- the public prosecutor.
Have a medical certificate completed
Have a detailed medical certificate completed. The certificate may not be older than fifteen days.
Submit your petition
Submit an electronic petition along with the medical certificate in:
- at the Central Register for the Protection of Persons (CRBP): www.rechterlijkebescherming.be;
- at the clerk's office of each justice of the peace (by appointment).
Appoint a confidential counselor
If necessary, appoint a confidential counselor who can mediate between the administrator and the person requiring care.
The justice of the peace decides
The justice of the peace gathers information and, if necessary, makes a home visit. He then invites all parties involved. He decides on the appointment of an administrator.
Consult the file digitally
The person requiring care, the administrator and the confidential counselor can consult the file digitally . You can also use the register to submit or receive documents (requests, reports, etc.) online from the competent justice of the peace.
Who is appointed?
The justice of the peace decides who to appoint as administrator. This is usually someone from the person's immediate environment, but he can also designate someone else.
You can draw up a preference statement in advance. You decide who you want as administrator or confidante if you become legally incapacitated in the future.
You make the statement for:
- the justice of the peace of your place of residence or residence;
- a notary with a notarial deed.
Every justice of the peace must respect the declaration of preference. This way you avoid him appointing an administrator who you do not know.
What are the duties of an administrator?
The administrator's task can be described broadly or very specifically .
Possible tasks are:
- manage (part of) the budget of the person requiring care;
- monitoring the general well-being of the person requiring care (e.g. admission to an institution);
- manage the movable and immovable property of the person requiring care. He must do this as a 'good family man'.
Certain cases require special authorization from the justice of the peace. This is, for example, the case for the purchase and sale of real estate, taking out loans and accepting or rejecting an inheritance.
The administrator is not competent for personal matters : marriage or divorce, recognizing a child, exercising the right to vote or requesting euthanasia. A justice of the peace can allow the person in need of care to perform these actions themselves.
The administrator can receive compensation for his task of a maximum of 3 percent of the income of the person requiring care. The inspection is carried out by the justice of the peace via the annual financial report and the condition of the goods.
More information
For more information, please contact Zorglijn .
Confidential advisor
In addition to an administrator, a confidential counselor can also be chosen by:
- the person in need of care themselves;
- someone who defends his interests (e.g. a family member);
- the justice of the peace.
The confidential counselor is the bridge between the (external) administrator and the person requiring care.
The justice of the peace appoints a confidential counselor upon request, at the start of management or during.
What are the duties of a confidential counselor?
A confidential counselor has the task of:
- supervision of the exercise of management;
- representation;
- defense of interests.
The confidential counselor is given access to the full management and has the right to be heard by the justice of the peace.