Protective administration is the measure by which the subdistrict court entrusts management of an adult’s assets to an administrator. The person concerned remains legally capable but cannot dispose independently of the assets placed under administration.
Legal basis
Title 19 of Book 1 of the Dutch Civil Code governs administration, with Article 1:431 as its basis. Administration may be ordered where a person, because of their physical or mental condition, or through prodigality or problematic debt, is temporarily or permanently unable to look after their financial interests properly. Article 1:435 governs appointment, following the express preference of the person concerned unless there are sound reasons against it. Article 1:436 requires an inventory of the estate and Article 1:445 an annual account to the court. Alongside administration the law provides mentorship for decisions on care and treatment, in Article 1:450, and guardianship in Article 1:378, the heaviest measure, under which the person becomes legally incapable.
How it works in practice
The application is made to the subdistrict court of the person’s place of residence, by the person themselves, a relative up to the fourth degree, or in some cases the municipality or the care institution. The court hears the person concerned, usually at a hearing. Administration may cover all assets or only part. The choice between administration, mentorship and guardianship depends on precisely what is at risk: money matters only, care decisions only, or both.
Where it goes wrong
Relatives apply for guardianship where administration with mentorship would suffice; the court then chooses the least intrusive suitable measure. A second problem is conflict between the administrator and the family over spending, which is resolved by applying to the court for the administrator’s removal. Third, family administrators frequently fail to render the annual account.
Related terms
Administration connects to guardianship for minors and, where a child’s assets are involved, to parental authority.
Unsure between administration, mentorship and guardianship? Our family lawyers advise on the appropriate measure.
