ADMINISTRATION

Certain people are insufficiently capable of representing their own financial interests. To protect them, an administrator can be appointed who guarantees the interests of the person in question. In addition to the appointment of an administrator by the courts, it is also possible to establish a testamentary administrator. This may for example be relevant if minor children receive an inheritance.

ADMINISTRATION ORDER

An administration order is intended for people who are temporarily or permanently unable to represent their own financial interests. In such a situation, on request, the district court can appoint an administrator. The court also identifies goods covered by the administration. Once the administration has been established, the person in question can no longer independently take decisions on the affected goods. From that moment onwards, the administrator is authorised to represent the person on whose behalf the administration has been established.

PROCEDURE

If an administrator has to be appointed, a request to that end must be submitted to the district court on behalf of the individual in question, the individual’s partner or a close family member. In appointing the administrator, the district court will take account of the personal preference of the affected individual. Once the procedure has been completed, and the district court has appointed an administrator, the individual in question is ‘under administration’ and can no longer undertake any actions that are not in his or her own interests. This legal procedure does not apply if the administrator is appointed as part of a will. Following the death of the will maker, the appointed administrator must accept his position.