The Custodianship Declaration is a crucial legal instrument in the Belgian legal system, designed to protect and support individuals who are unable to fully manage their own affairs due to physical or mental limitations. This document becomes necessary when a person requires formal assistance in managing their personal welfare, financial matters, or both. The declaration must comply with the Belgian Civil Code and the Law of 17 March 2013 regarding the protection of vulnerable persons, and requires approval from the Justice of the Peace. It typically includes comprehensive details about the custodian's powers, the scope of their authority, reporting obligations, and specific provisions for protecting the interests of the vulnerable person. The document serves as the primary reference point for all parties involved in the custodianship arrangement and may be required by various institutions when the custodian acts on behalf of the protected person.
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1. Parties: Identification of the custodian, the protected person, and any relevant family members or interested parties
2. Background: Context explaining the need for custodianship and any relevant circumstances leading to this arrangement
3. Definitions: Clear definitions of key terms used throughout the declaration
4. Appointment and Duration: Formal appointment of the custodian and the duration of the arrangement
5. Scope of Custodianship: Detailed outline of the areas of responsibility covered by the custodianship (personal care, financial matters, etc.)
6. Powers of the Custodian: Specific powers granted to the custodian in managing the affairs of the protected person
7. Duties and Responsibilities: Detailed listing of the custodian's obligations and responsibilities
8. Reporting Requirements: Requirements for periodic reporting to the Justice of the Peace and other relevant authorities
9. Decision-Making Framework: Process for making decisions and any limitations on decision-making authority
10. Termination Provisions: Circumstances under which the custodianship may be terminated or modified
1. Medical Decision-Making: Specific provisions regarding medical treatment decisions, used when the protected person requires ongoing medical care
2. Business Affairs Management: Provisions for managing business interests, used when the protected person owns or has interests in business entities
3. Real Estate Management: Specific provisions for managing real estate assets, used when the protected person owns property
4. Educational Decisions: Provisions regarding educational choices, used when the protected person is in education or training
5. International Considerations: Provisions for managing international assets or travel, used when the protected person has foreign interests
6. Digital Assets Management: Provisions for managing digital assets and online accounts, used when relevant to the protected person's situation
7. Religious and Cultural Considerations: Specific provisions ensuring respect for religious and cultural preferences, used when particularly relevant to the protected person
1. Schedule A - Asset Inventory: Comprehensive list of the protected person's assets and their current values
2. Schedule B - Medical Reports: Relevant medical reports establishing the need for custodianship
3. Schedule C - Income Sources: List of all income sources and regular payments
4. Schedule D - Regular Expenditures: List of regular expenses and financial obligations
5. Schedule E - Contact Information: Contact details for all relevant parties, medical providers, and authorities
6. Appendix 1 - Capacity Assessment: Professional assessment of the protected person's capacity
7. Appendix 2 - Court Orders: Copies of relevant court orders or judicial decisions
8. Appendix 3 - Powers of Attorney: Any existing powers of attorney or similar legal instruments
Relevant legal definitions
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Relevant Teams
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Client Services
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Relevant Roles
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Social Worker
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Compliance Officer
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Elder Care Specialist
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Financial Advisor
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