(December 6, 2018 at 7:59 pm)wyzas Wrote: Apparently you client is not capable of handling her own affairs or she wouldn't be in this predicament.
What are the duties of a "curator"? Can they be assigned with limited duties (say, financial only, medical only)? Can the curator be assigned but when the client demonstrates a set of minimum standard for behavior(s) then be discharged?
How is her medication monitored/administrated? Do you know that she's being adequately medicated and she's medication compliant?
Are the accusations/behaviors causing the drama part of a chronic/repeating schizophrenic delusion?
If she's mentally ill, how can the court hold her liable? And when on limited government funds what does the law suit intend to accomplish? And how will the lawyer collect when she is basically indigent. (if she's not, I need to come live there)
Too many questions? "Fuck off Mark" will be considered an appropriate response.
I saw in his profile the next fact.
Mr.Obvious live in Belgium , the curatorship system over there is called "Administration Judiciaire" in French and "Gerechtelijke bescherming" in Dutch.
It can be translate in English as "Judiciary Administration".
When the person is still sane he / she can make a "special mandate" or "general mandate" to prepare his / her potential incapacity and potentially avoid curatorship.
Special mandate is "Mandat Spécial" in French and "Bijzondere Lastgeving" in Dutch.
General mandate is "Mandat Général" in French and "Algemene Lastgeving" in Dutch.
Curatorship matters are regulated by the articles 488 to 502 of the civil code (French : Code Civil , Dutch : Burgerlijk Wetboek).
Link to this code in French in a official Website (You can use Google Translate but translations will be approximative) : http://www.ejustice.just.fgov.be/cgi_loi...10#LNK0111
Link to the same in Dutch : http://www.ejustice.just.fgov.be/cgi_loi...1804032130
Answers to your questions :
Can they be assigned with limited duties (say, financial only, medical only)?
Yes , a curator can be appointed to take care of financial or / and person.
Even a curator for financial and another for the person is possible.
In my knowledge (I'm a citizen of French Republic living in France) in Belgium often the curator for financial is an attorney and the curator for the person is a family member when there are a curator for each mission.
If the curator for financial and person is an attorney it is problematic because a professional rarely visit the ward if we believe what I read about the topic.
Can the curator be assigned but when the client demonstrates a set of minimum standard for behavior(s) then be discharged?
Theoretically yes. In practice it's not in the interest of the professional to lose a ward because the pro lose money if the curatorship stop.
The "Judge of Peace" (French : Juge de paix , Dutch : Vrederechter) can decide to end it but it is rumoured there are corruption and I doubt that average non-corrupt Judge of Peace have sufficient knowledge to understand he is manipulated by the curator or / and others people to avoid termination of curatorship.
There are legit curatorships but we can't forget there are many kinds of curatorship abuse that happens over the world.
1.Someone can be under curatorship when it's not necessary accorded to the law of the country in which the victim live because of corruption and the like.
2.The curator can steal money and others goods (The home for example) and being protected by those charged to monitor the curator.
For example the curator can sell the home of the ward at a price lower than market and being protected by judge who nominated him or her.
I did already hear about cases (In France) with curators paying fictive insurances. If the money don't go in pocket of an insurance where it does go ?
3.The curator can make all necessary for its ward finish in an asylum or a retirement home if the ward rebel itself against curator authority.
In theory there are control to avoid abusive internment in an asylum in the majority of the world countries but they can be passed with corruption and / or psychiatrists who can be victim of Martha Mitchell effect ( https://en.wikipedia.org/wiki/Martha_Mitchell_effect ).
Facebook page that denounce abuses in Canada in the province of Quebec owned by ADPPPC (French and English) : https://www.facebook.com/adpppc/
Website of ADPPPC (Association for the Defense of People and Property under Public Curatorship / Association pour la Défense des Personnes et de leurs Biens sous Curatelle Publique ) in French and English : http://curabec.org/home/
Facebook page that denounce abuses in USA owned by AAAPG (English only) : https://www.facebook.com/AAAPG.net/
Website of AAAPG (Americans Against Abusive Probate Guardianship) : http://aaapg.net/
