What actually is a trustee? – Lichtenstein
VADUZ – While most people find it easy to manage their own affairs, for some it can be difficult or even impossible. Consider the existence of an exemplary mental illness. A trustee can therefore be appointed by the court for certain cases, which matters of the person concerned are affected. We would be happy to give you a brief overview.
First of all, you might ask yourself what a trustee actually is and what tasks one has. If the situation is such that a person of legal age appears with a mental disability or mental illness (hereinafter “person concerned”) and they cannot establish their affairs without the risk of causing disadvantage to themselves, under Circumstances to appoint a trustee by the court ex officio or upon application. For example, guardianship for dementia patients could be an option.
However, there are cases in which the appointment of a guardian is not permitted at all – for example if the family concerned ensures the affairs of the person concerned to the required extent or if sufficient provision has already been made by means of a power of attorney (e.g. power of attorney for health care). One speaks here of the fact that the guardianship is subsidiary. The law also stipulates requirements for the person of the guardian. If the court considers guardianship to be appropriate and permissible, it appoints a guardian by resolution.
With regard to the duties of the guardian, the situation is that the court entrusts him with either individual matters (e.g. concluding a contract), a group of matters (such as asset management) or all matters relating to the person concerned and the necessary activities then also has to get. According to the law, the trustee is generally entitled to annual compensation, in addition to which certain costs are to be reimbursed.
In any case, the guardian must aim to ensure that the person concerned can shape their living conditions according to their wishes and ideas. The maxim is that the guardian must promote the well-being of the person concerned as best as possible. If the well-being of the person concerned is endangered, the court must make the necessary orders. Furthermore, the custodian can also be held liable to the person concerned if he causes damage through his own fault. Otherwise, the guardianship can be transferred to another person or the guardian can be removed, provided that certain requirements are met. In this context, the court reviews at least every five years whether the well-being of the person concerned dies.
If there is a guardianship, it is – as is usually the case in legal matters – necessary to consider the specific individual case. It is also necessary to check what options exist and how best to proceed. In addition, due to the immense personal component involved in trustee law, it is appropriate to use special sensitivity and is therefore advisable in any case to seek legal advice.
ADDITIONAL INFORMATION
Lawyer Mag. iur. Fabienne Seppi
(approved in Liechtenstein and Austria)
NÄGELE Rechtsanwälte GmbH
dr Grass Strasse 12, 9490 Vaduz, Liechtenstein
Phone +423 237 60 70
Fax +423 237 60 71