Best Guardianship Lawyers in Belgrade

About Guardianship Law in Belgrade, Serbia:

Guardianship law in Belgrade, and generally in Serbia, refers to the system designed to protect and exercise legal rights on behalf of individuals who are unable to do so themselves. These individuals could be minors, the elderly, or persons with physical or mental incapacities. The role of a guardian, appointed by the court, is to manage the person's health, welfare, and/or financial affairs according to Serbian family law.

Why You May Need a Lawyer:

There are various scenarios where you may require a lawyer’s help with guardianship law in Serbia. A few common situations include:

• In case there's a need to establish a guardianship for an incapacitated elderly person, a minor, or a disabled adult who cannot take care of themselves or manage their financial affairs.
• If a guardian is not performing their duties effectively, there's a need for legal action to protect the rights of the person under guardianship.
• When there's a dispute among family members over the welfare, financial matters, or care of a person who needs a guardian.

Local Laws Overview:

In Serbia, the Family Law Act is mainly concerned with guardianship matters. Some of the key aspects include:

• The court's role is central in appointing or replacing a guardian, based on the best interest of the person in question.
• A guardian must always protect and represent the interests of the person under their care, including managing their property and personal affairs.
• The court supervises the actions of the guardian to prevent any abuse or neglect.
• Guardian’s actions that might lead to significant changes in the life of the person under guardianship might require court's approval.

Frequently Asked Questions:

1. Who can become a guardian?

Any capable adult or a professional institution can be appointed as a guardian. This could be a family member, friend, or a professional guardian.

2. How is a guardian appointed?

A guardian is appointed by the court. The court will consider several factors in its decision, including the prospective guardian's relationship to the care-receiver, their ability to fulfill the role, and the wishes of the potential care-receiver.

3. Can a guardianship be contested?

Yes. If you disagree with a guardianship appointment, you can contest it in court. It is advised to seek legal help in such scenarios.

4. Are there different types of guardianships?

Yes, there are primarily two types of guardianship in Serbia: guardianship over the person (personal care, health, and wellbeing) and guardianship over the property (financial affairs).

5. Can a guardian be replaced?

Yes, a guardian can be replaced if they are not performing their duties effectively or in the best interest of the person under guardianship.

6. What are the rights of a person under guardianship?

While under guardianship, a person retains many rights, including the right to be treated with respect and dignity, and to have their preferences and opinions considered.

7. Can guardianship be terminated?

Yes, guardianship can be terminated upon the court's decision, death of the individual under guardianship or if the individual regains ability to care for themselves and manage their own affairs.

8. Does a guardian get paid?

In Serbia, professional guardians get paid for their services. However, family-member guardians do not usually receive payment.

9. What is a ward?

A ward is a legal term used to refer to a person who is under the care of a guardian and is not fully able to manage daily life by themselves.

10. What is the legal age of adulthood in Serbia?

The legal age of adulthood in Serbia is 18 years. At this age, an individual is recognized as being fully able to manage their personal and financial affairs.

Additional Resources:

Resources that can be helpful include the Serbian Ministry of Labor, Employment, Veteran and Social Policy, local family courts, and local and international NGOs operating in Serbia focusing on the rights and care of minors, the elderly, and persons with disabilities.

Next Steps:

If you believe you or a loved one needs legal assistance related to guardianship in Belgrade, Serbia, you should consult with a lawyer who specializes in Serbian family law. They can guide you on legal procedures, court processes, document preparation, and other important aspects. Always remember, acting promptly in legal matters often results in better outcomes.