??? Adult Guardianship in Sweden Each municipality has to organize - - PDF document

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ADULT GUARDIANSHIP IN SWEDEN

Dr theol. Christer Fjordevik

Adult Guardianship in Sweden

• 1957 – the Break Point

Guardian Chamber – a Court of Law Municipel Chief Guardian Authority ‐ Politician

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Adult Guardianship in Sweden

• Each municipality has to organize either a Chief Guardian with

a substituter or a Chief Guardian Board with an odd number

• f members, as 3 or 5
• Subordinated the Municipal Council
• Supervised by the County Administrative Board (State

Authority)

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Motives/Reasons for the change from the State to the Municipal level?

• There is an old tradition in Sweden of representatives
• The citizens will have control of the Chief Guardian’s work, by

the politicians

• The decisions will be more close and availabel to the wards
• Recruitment of custodians and trustees will be easier

What’s the Weakness with the Reform?

• How will the justice, the legal security, been guaranteed?
• Many small municipalities have no lawyer employed because
• f the costs
• The decisions done by the Chief Guardian or the Chief

Guardian Board are done by non professionals

• Similarity in application of the law

Adult Guardianship in Sweden

Three forms of representation for Minors and Adults 1. Guardian for protection of a minor child 2. Appointment of a ”god man” – custodian to act on behalf of an incapacitated adult. Custodianship allows an individual to maintain all legal capacities maintain all legal capacities 3. Appointment of a ”förvaltare” – trustee for an incapacitated

• adult. Loss of many of the individual’s legal capacities, except for

the right to vote and marry

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Adult Guardianship in Sweden

• PARENTAL CODE 11:4
• If anyone because of illness, mental disorder, weakened state or health or

similar conditions needs help to assert his orher right, administering his or her property or to providing the person’s need, the court shall, if necessary, decide to organize a custodianship for him or her. Such a decision may not be taken without consent from him or her for who the custodianship will be held, unless the individual’s condition prevents his or her opinion to be sought. When the court makes a decision … the court shall also appoint a custodian to perform the mission. If a custodian in any other cases shall be appointed on the basis of a decision … the appointment is made by the chief guardian

Adult Guardianship in Sweden

• PARENTAL CODE 11:7
• If someone is in a situation such as in 11:4 is unable to care for themselves
• r their property, the court mad decide to organize a trusteeship for him
• r her. Trusteeship may not be arranged if it’s sufficient with a

custodianship or that the individual in any other less intrusive ways can get help. Trusteeship will be adapted to individual needs in each particular case and Trusteeship will be adapted to individual needs in each particular case and may be limited to certain property or matter or property exceeding a certain value. The court may instruct the chief guardian to fix details of the

• extent. When the court makes a decision … the court shall appoint a

trustee to perform the mission. If a trustee in any other case shall be appointed on the basis of the decision … the appointment is made by the chief guardian

Adult Guardianship in Sweden

• CUSTODIANSHIP
• … if necessary …
• TRUSTEESHIP
• … may not be arranged

if it is sufficient with a custodianship custodianship…

• … or that the individual

in any other less intrusive ways ca get help

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Adult Guardianship in Sweden

Family Personal commission Institution Rather someone

• utside the family

WARD

• Most often initiated by the social welfare, sometimes by the

individual

• Social report
• Doctor’s certificate

Chi f G di h f di

Process from initation to decision

• Chief Guardian search for a guardian
• Chief Guardian send the application to the Court
• Decision by the Court