If someone wants to act for another person as curator or administrator, he or she must be authorized by the subdistrict court judge. This is only possible in situations when the person in question is insufficiently able to look after his or her own interests. For example, it could be someone with a mental disability. There is a risk of abuse by a curator or administrator, but the government is trying to do something about this with new legislation. An administrator or curator is someone who is appointed by the subdistrict court judge to make decisions for someone, for example about finances, and to represent interests. There are certain conditions that a curator must meet. For example, a curator must be of legal age and may not be under guardianship himself. It may also not be someone who has recently gone bankrupt or is in debt assistance. This is to prevent a curator from being too easily tempted to take advantage of someone. Furthermore, a curator must ultimately be a natural person. A foundation cannot be appointed as a curator or mentor.
Become a curator or administrator
There are certain conditions that must be met when someone comes under guardianship. This is not possible in all circumstances. For example, people with a mental disorder are eligible. In that case, the curator can also decide where a person will be admitted. Other situations in which someone can act as a curator is if someone is very wasteful, addicted to alcohol or drugs or has clearly shown that they cannot look after their own interests. Most assignments are made with the client’s consent. That consent is not necessary. In that case, it must be sufficiently demonstrated for the subdistrict court judge that a person is not sufficiently able to adequately represent his own interests.
Assignment of a curator or administrator by the court
The subdistrict court judge ultimately makes the decision about who will become someone’s administrator or curator, but will usually listen to the preference of the person in question. There should be a demonstrably good reason to deviate from this and the judge must be able to substantiate this properly. A judge’s preference is usually for a person close to the person in question. This could, for example, be a partner or a family member, such as a parent, brother or sister. If none of those persons are available, the judge can also choose to appoint an outsider as curator or administrator. In that case it can be either a volunteer or a professional curator. These often have to meet certain requirements.
Abuse by the curator or administrator
A curator is in turn under the supervision of the subdistrict court judge. If he requests information, a curator or administrator must provide it. In practice, this does not always appear to happen. A curator can also easily abuse his power, for example in the case of someone being appointed as curator of an elderly person with dementia. These have often amassed a lot of wealth in their lives. Because a curator has all the power and access to, for example, the bank account, he or she can easily steal from the elderly person. Family members sometimes only realize this when the inheritance is divided, because they are too trusting or only have suspicions but cannot prove anything. That is why a change in the law is in the works so that several people can act as curator at the same time. In this way, the government hopes to improve supervision, so that ultimately there are fewer abuses.