Area: .nan
Competent authority: MDDSZ, MNZ, MZ
EZU URL: .nan
Initiative ID: 1157
Initiative accepted and completed: '2021-11-12'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-08-04'
Initiative published: '2021-08-04'
Initiative submitted: '2021-07-27'
Response from the competent authority: Reply from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities and the Ministry of Public AdministrationCare
  for adults who, for whatever reason, are unable to look after their own rights and
  interests is already provided for under guardianship. Guardianship is regulated
  by the Family Code (Official Gazette of the Republic of Slovenia, No. 15/17, 21/18
  - ZNOrg, 22/19, 67/19 - ZMatR-C and 200/20 - ZOOMTVI; hereinafter referred to as
  DZ), which provides that guardianship is a special form of protection of the rights
  and interests of adults who are unable to take care of themselves. The DZ further
  provides that the purpose of guardianship for adults is the protection of their
  personality, which is achieved in particular by arranging matters which they cannot
  do for themselves and by seeking treatment and training for independent living.
  The purpose of guardianship is also to protect the property and other rights and
  interests of individuals.The DZ provides in Article 262(2) that the court shall,
  in the decision to place a person under guardianship, determine the scope of the
  guardian's obligations and rights, which means that the court shall place a person
  under guardianship in those areas where this is necessary to protect his or her
  rights and interests. The DZ also regulates guardianship for a special case, providing
  in Article 267(1) that the social work centre shall appoint a guardian for a special
  case or a guardian for a specific type of task to an absent person whose place of
  residence is unknown and who has no representative, to an unknown owner of property
  where it is necessary for someone to take care of that property, and in other cases
  where it is necessary to protect the rights and interests of the individual. The
  special guardianship is the representation of the ward in the area entrusted to
  him/her in the decision appointing the special guardian.The purpose of the guardianship
  institution, as laid down in the Law on Guardianship, is therefore to provide a
  special form of social protection for persons who are incapable of taking care of
  themselves, their rights and their interests, and to protect them. The duty of the
  guardian, who is the legal representative of the ward and not a proxy or assistant,
  is voluntary and honourable, and the guardian is not remunerated for his or her
  work, but may only be paid a fee. The guardian must report on his/her work to the
  Social Work Centre annually, or more than once if the Social Work Centre so requires.In
  connection with the petition, it is also necessary to point out the provisions of
  the General Administrative Procedure Act (GAPA), under which it is possible for
  anyone who has one reason or another for not taking part in the proceedings themselves
  to appoint a proxy. This is a decision for each individual, which depends entirely
  on his or her will. Even in terms of the scope of the power of attorney.
Text file: 1157.txt
Title: Assistance with documentation on the basis of the applicant's authorisation
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1157
