Guardianship, Curatorship and Support for an Adult
When an adult, due to their state of health, cannot independently exercise their rights and perform their duties, the Civil Code provides instruments for their protection. Guardianship and curatorship are established to protect the personal and property rights and interests of such an adult; curatorship is established over an adult with legal capacity at their own request, where their state of health prevents them from independently exercising their rights and performing their duties. A recipient of support, in turn, is appointed a supporter — an institution designed for people who need assistance in making decisions but do not require full representation. Choosing the right instrument among these and managing the appointment procedure is precisely where the support of an experienced advocate becomes essential, since the wrong route costs months.
Who Appoints, and Within What Time Limits
The central and local guardianship authorities are the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and/or an authorised institution within its system. A guardian or curator must be appointed no later than one month from the moment the authority learns of the necessity of establishing guardianship or curatorship; until the appointment, the authority itself bears the corresponding duties towards the ward. For supporters the rule is different: the court that recognised a person as a recipient of support is obliged, in the same decision, to appoint the supporter or supporters, define the scope of the support and the supporter’s rights and duties, and that decision must be sent to the guardianship authority no later than 3 days after its entry into legal force, according to the recipient’s place of residence.
Who May Become a Guardian, Curator or Supporter
A family member, a relative, a close person or a specialist meeting the requirements established by the Code may be appointed as supporter. In choosing a supporter, the court takes into account the candidate’s personal qualities, their ability to perform the duty, the relationship between the supporter and the recipient, the recipient’s interests and will. A person may be appointed supporter only with their consent; a guardian or curator is likewise appointed only with consent, and for an adult with legal capacity the selection of a curator is possible only with the ward’s consent. There is also a closed list of exclusions: a person cannot be appointed guardian, curator or supporter if they have not reached the age of 18, if the court has recognised them as a recipient of support, if they have been deprived of parental rights or restricted in them for evading their performance, or if they have been released from these duties for improper performance.
Our Service
We assist families along the entire route: we assess which institution corresponds to your relative’s condition — guardianship, curatorship or support; we prepare the application to the court for recognition as a recipient of support; we collect the medical and other evidence; we organise the documentation in dealings with the guardianship authority and monitor the appointment time limits. If your relative is already under guardianship or support and the problem concerns the supporter’s work, we analyse their actions and give you a legal assessment. The appointment of a guardian or curator according to the indication of deceased parents is also possible on the basis of a notarially certified document (a will) — and we help plan that route as well, including in situations where the family wishes to secure the future in advance.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
What is the difference between curatorship and support?
Curatorship is established over an adult with legal capacity at their own request, when their health does not allow the independent exercise of rights. Support means the assistance of a supporter who helps the recipient of support in making decisions; the authority is obliged to protect and strengthen the recipient.
Within what period is a guardian or curator appointed?
No later than one month from the moment the guardianship authority learns of the necessity. Until that moment, the authority itself performs the duties.
Who cannot become a supporter or curator?
A person who has not reached 18, a person recognised as a recipient of support, a person deprived of or restricted in parental rights for evasion, and a person released from these duties for improper performance.
Can a guardian be designated by the parent in advance?
Yes — a guardian or curator may be appointed according to the indication of deceased parents on the basis of a notarially certified document (a will).
How We Help on Legal.ge
The advocates of Legal.ge work on guardianship, curatorship and support cases from both sides: for the family seeking to protect a relative, and for the person whose rights are restricted and who needs to defend their own position. We assess your case, draw up the list of documents and represent your interests both in court and before the guardianship authority. Book a consultation — and receive a concrete plan, in the office or online.