Curatorship means that a person is no longer allowed to make their own legal decisions. It is a far-reaching measure that is imposed only when someone is no longer able to look after their own interests, both financially and personally. The curator is the legal representative of the person concerned and makes decisions about financial matters such as money and assets, as well as non-material matters such as personal care.
The concept of “curatorship” is sometimes confused with “administration” (bewind) and “mentorship” (mentorschap). In everyday language, curatorship is also described as being “declared legally incapacitated,” “being under supervision,” or “no longer having control over one’s own money and decisions.” When curatorship is declared, or as soon as possible thereafter, the court appoints a curator. In doing so, the court follows the explicit preference of the person concerned, unless there are good reasons to object to such an appointment.
For many people, curatorship feels like losing autonomy and (financial) independence. For most, this is very difficult to accept. Those placed under curatorship whom I have encountered in my practice often experience it as frustrating that they are no longer allowed to make decisions about their own money, contacts, and personal matters. In fact, I have never met anyone who indicated that curatorship felt like a relief. Still, I can imagine that someone with serious debts, an addiction, or psychological problems may benefit from the protection and structure that a curator provides—provided, of course, that it is a “good” curator. A curator is not only a manager of financial resources, but ideally also a confidant, protector, and someone who brings calm and stability in the long term. If a curator culpably fails to provide the care that may be expected of a good curator, they can be held liable for damages.
There may be various reasons why someone appointed as curator is not suitable for the task entrusted to them. For example, if a curator is a friend or family member, they may be too emotionally involved in the situation, which can affect their objectivity. The curator is entrusted with the care of another person, which entails responsibility and a duty of care. The curator is responsible for managing the financial household of the person under curatorship, also known as the “curandus.” This includes ensuring that bills are paid on time and that no irresponsible expenses are made. The curator must set up and maintain a proper administration of income and expenses. The curator must represent the curandus both inside and outside the courtroom. For certain “non-routine” actions, the curator must obtain prior written permission from the court, for example when selling a house or making a planned major purchase. Unless otherwise determined by the court, purchases or assignments to third parties exceeding 1,500 guilders are considered “non-routine.” In such cases, the curator therefore requires authorization from the court. Judicial authorization is also required for leasing or renting out property, accepting or rejecting an inheritance, making or accepting gifts, initiating legal proceedings, or entering into a settlement agreement involving a value exceeding 1,500 guilders. For non-financial matters, such as decisions regarding relationships, care, or other personal affairs, no judicial authorization is required.
Within eight weeks of appointment, the curator must provide the court with a written statement of the financial situation of the curandus, also known as an inventory of assets. This is done using a standard form provided by the court. The curator may also investigate whether there is an undivided inheritance and must identify the debts of the curandus, as well as determine whether others owe debts to the curandus. In principle, the curator is required to submit annual accounts and renderings of the management conducted to the court. This includes a statement of assets, any debts, and an overview of income and expenses. The curator must also inform the court as soon as possible of a relocation or death of the curandus or of their partner, child, parent, brother, or sister. In addition, the curator must provide information when requested by the court. The curator’s remuneration amounts to 5 percent of the net income derived from the assets of the curandus. It is also possible for the curator to waive remuneration, for example if they regard their work as a moral obligation. The curator may also be eligible for reimbursement of expenses, provided that such a request is substantiated with supporting documents. Expenses may include, for example, necessary car mileage, telephone costs, the costs of preparing accounts and reports, investment purchases and sales, and basic financial administration (such as bookkeeping and tax filings). The court has a supervisory role, which means that it may file a report if serious criminal offenses such as embezzlement are discovered.
The task of the curator comes to an end when the curatorship is lifted by the court or when, for example, another curator is appointed to replace the existing one. The curator’s role also ends upon the death of the curandus. The funeral of the curandus does not have to be arranged by the curator; this responsibility lies with the next of kin. The family may retain control over how they say goodbye to their loved one. The court may also dismiss the curator, for example at the curator’s own request, for compelling reasons, at the request of the person under curatorship, at the request of the Public Prosecution Service, or on its own initiative. In light of the above, it is therefore wise to think in advance about whom you would most like to have appointed as your curator. You are best served by a committed curator who takes their task seriously, has the right skills to perform their duties properly, is reliable, and respects your dignity. Please feel free to contact us at info@true-lawyers.com if you have any questions.