What is the function of an administrator?
When adults are unable to manage, permanently or temporarily, their personal interests (e.g. claiming divorce, acknowledging a child) or property interests (e.g. selling property, taking out a loan) by themselves due to their state of health, an administrator may be appointed.
Think, for example, of people with dementia, coma patients, people with mental problems who may have been forcibly hospitalised, etc.
If the justice of the peace appoints an administrator, the law requires him to use a checklist to check what actions the protected person himself can still declare about his person and property.
For example, can the protected person still validly give his consent in a medical treatment (such as organ donation, for example), can he sign documents with an electronic identity card, can the protected person still sell goods, buy a house, enter into a rental agreement, incur periodic debts, make donations, and declare and pay his taxes?
The answer to all these questions determines the powers, or responsibilities, of the administrator. If the justice of the peace considers that the protected person is unable to perform all these acts himself, the administrator will henceforth be the person authorised to do so. The administrator's powers therefore only extend as far as the protection extends.
Administratorship is therefore always legally tailored because the administrator only has as many personal and property powers as he needs to look after the interests of the protected person.
Do I need a lawyer as a trustee?
Appointing a lawyer as a (professional) administrator has a lot of advantages for both the protected person and their family members.
A lawyer is also legally trained which means that he will take care of the protected person's interests with expertise.
Lawyers-professional administrators are also covered by their professional liability insurance. That insurance covers, among other things, damages resulting from mistakes made by the administrator.
Moreover, as an 'outsider', the lawyer-administrator can take an independent position. As a result, the administration can be as objective as possible and interference in the private life of the protected person can be limited as much as possible. Consequently, thanks to the appointment of a professional lawyer-mediator, arguments can be avoided.
The justice of the peace can organise the guardianship your request yourself, at the request of an interested person close to you or at the request of the CPAS or the public prosecutor.