Curatele

Curatorship is the most far-reaching form of protection available under Dutch law of persons and family law. A person is placed under curatorship where, by reason of mental disorder, addiction or other causes, they are incapable of performing legal acts independently. The curator then assumes responsibility for decisions concerning both the person’s property and, in many cases, personal matters.

The measure is provided for in Book 1 of the Civil Code and is ordered by the cantonal judge on the application of the person concerned, a family member or the Public Prosecution Service. Curatorship renders the individual legally incapacitated, with the result that legal acts performed without the curator’s consent are null or voidable.

In practice, curatorship is applied principally in cases of severe psychiatric illness or chronic addiction. The court always considers proportionality and, where appropriate, prefers less intrusive measures such as administration or mentorship.