Best Guardianship Lawyers in Hasselt

About Guardianship Law in Hasselt, Belgium

Guardianship in Belgium covers two main areas. For minors, voogdij is the legal arrangement where a guardian is appointed to care for a child and manage the child’s property when parents are deceased, absent, or legally unable to act. For adults, bewind or judicial protection is a court-ordered measure that appoints a provisional administrator to assist or represent a person who cannot manage personal or financial affairs due to illness, disability, or a similar situation.

In Hasselt and the broader Limburg judicial district, these matters are handled by the local peace court and the family court, depending on the issue. Proceedings take place in Dutch. The guiding principles are respect for the person’s autonomy, proportionality, and the best interests of the child or protected adult.

Why You May Need a Lawyer

- You need to open or contest a guardianship for a minor after a parent’s death or incapacity.

- You want to request adult protection for a relative who is no longer able to manage finances or personal care, or you wish to limit an existing measure that is too intrusive.

- You plan to sell or mortgage property that belongs to a minor or a protected adult and need court authorization and compliant accounting.

- You suspect financial abuse or mismanagement by a guardian or provisional administrator and need urgent remedies.

- You want to draft a zorgvolmacht, a forward-looking private mandate that names someone to act for you if you later become incapacitated.

- There are cross-border elements such as assets in another country, a move abroad, foreign court orders, or different nationalities.

- You need help navigating hearings, medical certificates, evidence, and the specific procedural rules of the peace court and family court in Hasselt.

Local Laws Overview

Adult protection - Belgian framework: Adult protection is governed by the Civil Code and the Law of 17 March 2013 on protecting persons with incapacity. The peace court in the person’s domicile is competent. The court chooses the least restrictive and most tailored measure, focusing on what the person can still do independently. The measure can cover property, personal affairs, or both, and can require assistance or full representation.

Adult protection - Procedure: A petition is filed with the peace court by the person concerned, close relatives, the public prosecutor, or social services. A recent medical certificate is typically required for measures based on mental or cognitive impairment. The court hears the person, may appoint a trusted person, and then appoints a provisional administrator with a clear mandate. The decision is recorded in the relevant registers so third parties are informed of the limits of capacity.

Adult protection - Duties and oversight: The administrator must protect the person’s interests, keep accounts, and report to the court. Significant acts such as selling a home usually require prior court authorization. Fees and expenses are supervised by the court. Measures can be revised or terminated if circumstances change.

Zorgvolmacht - private mandate: Any adult with capacity can sign a zorgvolmacht to empower a trusted person to manage affairs if capacity later declines. It can be drafted before a notary for stronger evidentiary value and registered in the central register so banks and institutions can verify it. The peace court may still intervene later if needed.

Guardianship of minors - Belgian framework: When both parents cannot exercise parental authority, the court appoints a guardian for the minor. A subrogated guardian or supervisory figure may be named to oversee the guardian’s management. The guardian cares for the child and manages property under court supervision, always guided by the minor’s best interests.

Guardianship of minors - Key acts: Certain transactions affecting a minor’s assets, such as selling real estate or accepting an inheritance under benefit of inventory, require prior judicial authorization. The guardian must keep records and render accounts. The court can replace a guardian who fails in duties.

Unaccompanied foreign minors: Belgium has a dedicated guardianship service for unaccompanied foreign minors that appoints trained guardians, with coordination through federal authorities. Local courts may still issue orders affecting property or specific protective measures.

Language and venue in Hasselt: Proceedings are conducted in Dutch in Hasselt. The competent court is normally the peace court of the domicile for adult protection and most guardianship matters involving minors, and the family court for certain related family disputes and authorizations. Interpreters can be requested if needed.

Frequently Asked Questions

What is the difference between voogdij and bewind?

Voogdij refers to guardianship for minors when parents cannot act. Bewind refers to adult protection, where a provisional administrator assists or represents an adult who cannot manage personal or financial affairs. Both are court supervised but serve different needs.

Which court handles guardianship matters in Hasselt?

The peace court of the person’s domicile in the Hasselt area handles adult protection and most guardianship matters for minors. The family court at the court of first instance in the Hasselt division may be competent for certain related family disputes or specific authorizations.

How do I start an adult protection case for a relative?

File a petition with the peace court for the person’s domicile, add a recent medical certificate if the request is based on incapacity, describe why protection is needed, and suggest a suitable administrator and trusted person if appropriate. The court will schedule a hearing and tailor the measure.

Can the person choose who will be the administrator?

Yes, the person’s wishes are highly relevant. The court considers a named person in a zorgvolmacht or a trusted relative. The court will still assess the candidate’s suitability and any conflicts of interest.

Do I need court permission to sell a protected person’s house?

In nearly all cases yes. Selling real estate owned by a minor or a protected adult requires prior court authorization. The court checks necessity, price, and safeguards before granting permission.

What is a zorgvolmacht and should I make one?

A zorgvolmacht is a private mandate you sign while you still have capacity, naming someone to manage your affairs if you later cannot. It can avoid or limit court intervention and can be tailored to your wishes. Many people sign one before or at retirement with a notary and have it registered.

How long does a court appointed adult protection measure last?

It lasts as long as needed and can be adjusted. The court can set review dates, expand or limit the scope, or terminate the measure if the person regains capacity. Parties can request a review when circumstances change.

What if I suspect a guardian or administrator is misusing funds?

Collect any evidence, inform the peace court, and request an audit or replacement. The court can order accounting, limit powers, or appoint a new guardian or administrator. In urgent cases the court can take immediate protective steps.

How much does this cost and can I get legal aid?

Court fees are modest, but expert reports and professional fees may apply. The administrator or guardian may receive a court approved fee. People with limited means may qualify for fully or partially subsidized legal assistance through the local legal aid office.

Can non Dutch speakers participate in Hasselt proceedings?

Yes. The proceedings are in Dutch, but you can request an interpreter or bring a sworn interpreter. Lawyers in Hasselt often work in multiple languages and can guide you through the process.

Additional Resources

- Peace Courts in Hasselt and the Limburg judicial district for adult protection and guardianship filings.

- Family Court of the Court of First Instance Limburg, Hasselt division, for related family law authorizations and disputes.

- Federal Public Service Justice - Guardianship Service for unaccompanied foreign minors and general guardianship policy.

- Royal Federation of Belgian Notaries for information on zorgvolmacht and to find a notary in the Hasselt area.

- Bar Association Limburg for a list of lawyers experienced in guardianship and adult protection.

- Bureau for Legal Aid Limburg for information on pro bono or subsidized legal assistance.

- OCMW Hasselt - Public Centre for Social Welfare for practical and social support related to vulnerability or incapacity.

- CAW Limburg - Centre for General Welfare Work for psychosocial support and guidance for families and vulnerable adults.

- Agentschap Integratie en Inburgering Limburg for interpreting and integration support if language is a barrier.

Next Steps

- Clarify your goal: Are you seeking a guardian for a minor, an adult protection measure, or a zorgvolmacht for yourself.

- Gather documents: ID, civil status records, any existing mandates or wills, financial overview, and a recent medical certificate if capacity is at issue.

- Consult a local lawyer in Hasselt: Discuss the best measure, the correct court, evidence, urgency, and interim safeguards. Ask about costs and legal aid eligibility.

- Prepare the petition: Your lawyer will draft and file it with the competent court, propose a suitable guardian or administrator, and request any urgent measures if needed.

- Attend the hearing: The court will hear the person concerned and relevant parties. Be ready to explain needs, risks, and proposed safeguards.

- Implement and monitor: After appointment, comply with accounting and reporting duties, seek court authorization for significant acts, and request adjustments if circumstances change.

This guide is informational and not a substitute for tailored legal advice. A local Hasselt lawyer can provide specific guidance based on your situation and the latest procedural requirements.