Explorative research on the possibility of a financial levy on judicial supervision of protective measures

Explorative research on the possibility of a financial levy on judicial supervision of protective measures

(full text only available in Dutch)

Summary

In the Netherlands protective measures are available for adults who are not able to adequately protect their own, financial or other, interests. There are three measures available: a legal guardianship (covering all aspects of the wards life), conservatorship (a property and financial affairs deputy in the UK) or welfare guardianship (a personal welfare deputy, mostly orientated towards medical care). A judge instates the measure and simultaneously appoints a guardian or conservator. This can be a relative, but can also be a professional. All three measures are, to a greater or lesser extent, restrictive of the right to self-determina-tion of the individual in question. It is for that reason that a judge continues to oversee the execution of the (legal) guardian- or conservatorship.

The research revolves around the following questions:

  1. How could a levy on conservatorship, legal guardianship and guardianship take shape?
  2. What are the possible consequences of a levy?
  3. To what extent can a levy contribute to the ‘viability’ of the supervisory system in future, i.e. to the affordability of the system?

Publication data

Author(s):
Wilms, P., Kluft, S., Blankman, K., Veen, S. van der
Organization(s):
APE onderzoek & advies, WODC
Place of publication:
The Hague
Publisher:
APE onderzoek & advies
Year of publication:
2018

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APE Public Economics
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