ondercuratelestelling

English translation: [see below]

11:46 Jan 23, 2023
Dutch to English translations [PRO]
Law/Patents - Law (general)
Dutch term or phrase: ondercuratelestelling
"ondercuratelestelling als gevolg van lichamelijke of geestelijke toestand"
lisapeeters
Belgium
Local time: 02:42
English translation:[see below]
Explanation:
see e.g. Juridisch-Economisch Lexicon:

• guardianship order
• placing under guardianship

• conservatorship order (US)
• placing under conservatorship (US)

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Note added at 53 mins (2023-01-23 12:40:03 GMT)
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Van Dale online (nl):

ondercuratelestelling:

[per­so­nen- en fa­mi­lie­recht] ge­rech­te­lijk von­nis waar­bij een (meer­der­ja­rig) per­soon (cu­ran­dus) en het be­wind over zijn goe­de­ren wor­den op­ge­dra­gen aan de zor­gen van een an­der (cu­ra­tor)

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Note added at 56 mins (2023-01-23 12:42:43 GMT)
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See also IATE:

ondercuratelestelling = declaration of lack of capacity

(https://iate.europa.eu/search/result/1674477638012/1 )
Selected response from:

Michael Beijer
United Kingdom
Local time: 01:42
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2[see below]
Michael Beijer
Summary of reference entries provided
appointment of guardian -- see
liz askew
guardianship vs conservatorship
Barend van Zadelhoff

Discussion entries: 3





  

Answers


52 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
[see below]


Explanation:
see e.g. Juridisch-Economisch Lexicon:

• guardianship order
• placing under guardianship

• conservatorship order (US)
• placing under conservatorship (US)

--------------------------------------------------
Note added at 53 mins (2023-01-23 12:40:03 GMT)
--------------------------------------------------

Van Dale online (nl):

ondercuratelestelling:

[per­so­nen- en fa­mi­lie­recht] ge­rech­te­lijk von­nis waar­bij een (meer­der­ja­rig) per­soon (cu­ran­dus) en het be­wind over zijn goe­de­ren wor­den op­ge­dra­gen aan de zor­gen van een an­der (cu­ra­tor)

--------------------------------------------------
Note added at 56 mins (2023-01-23 12:42:43 GMT)
--------------------------------------------------

See also IATE:

ondercuratelestelling = declaration of lack of capacity

(https://iate.europa.eu/search/result/1674477638012/1 )

Michael Beijer
United Kingdom
Local time: 01:42
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 189
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  philgoddard
1 hr
  -> thanks!

agree  Barend van Zadelhoff: There is a difference in role between guardianship and conservatorship inside the US. (see below). / Agree.
2 hrs
  -> good point, although in UK English I think ‘guardianship’ is a safe bet in Asker’s context
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Reference comments


48 mins
Reference: appointment of guardian -- see

Reference information:
https://www.techdico.com/translation/english-dutch/appointme...

liz askew
United Kingdom
Native speaker of: Native in EnglishEnglish
Login to enter a peer comment (or grade)

2 hrs
Reference: guardianship vs conservatorship

Reference information:
Guardianships and conservatorships are tricky legal processes. For many people enquiring about putting one of these systems in place, they have no idea where to start – unsure which one they should even be considering. These terms can be used differently state by state, so it’s vital that you look into the range of powers and responsibilities given to conservators and guardians where you live. But, to make things a little easier, here’s a guide to all the essential information you need to know.

This blog defines both guardianships and conservatorships, discussing what they are, who they’re for, and how one is put in place. For more personalized advice regarding your situation, contact J Mishkin Law today.



What is Conservatorship?

The term ‘conservator’ generally refers to an individual who is court-appointed to manage somebody else’s finances on their behalf. Conservatorships are granted when a person is unable to appropriately manage their own financial affairs due to injury, illness, or some other situation that has left them incapacitated. The specifics of what is required of a conservator entirely depend on the condition, needs, and financial situation of their loved one. Tasks that may be expected of a conservator include:

Paying bills
Paying healthcare expenses
Managing debt and debt payments
Managing government benefits such as Social Security or disability benefits
Handling budgeting and accessible funds
Managing different funds, such as investment accounts


What is Guardianship?
Guardianship is a legal role, assigned to an individual by the court. While conservators handle financial affairs, a guardian covers a larger scope of duties. Generally, guardianship plays a larger role in a person’s daily needs, making decisions to help care for a person unable to care for themselves. This could involve being tasked with responsibilities such as:

Transitioning somebody into an assisted living facility or nursing home care
Making healthcare decisions on their behalf
Choosing where they’ll live
Making executive decisions on important matters, not just limited to financial issues
Legal guardianship applies to a wide range of situations, not only in the case of illness, injury, or age leaving somebody incapacitated to care for themselves. A parent may appoint a legal guardian for their children in their will, for example, in the event that they pass away before their child is legally an adult. This would involve ensuring the child’s day-to-day needs are fulfilled, managing their education, and making medical decisions.

https://jmishkinlaw.com/blog/guardianship-vs-conservatorship...

incapacitated

The term incapacitated is referring to one's physical or mental inability to manage one's own affairs. Incapacity is a consideration in various areas of the law, notably wills and estates. Indeed, a will may be found void where it can be shown that the testator was mentally incapacitated upon its execution. Under California law, there is a presumption of sound mind when a will is executed. As a result, the party asserting testamentary incapacity must present substantial evidence showing otherwise and must also prove that the will was not made during a lucid interval. Establishing testamentary incapacity goes beyond a showing of extreme sickness or old age, and requires, for example, insane delusion.

Indiana courts have stated that the trial court shall appoint a guardian if the trial court finds that: "(1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated." This appointment adheres to state statutes, which generally state the priority of persons who may be considered, starting with a person designated by the incapacitated while he or she was able or a person granted power of attorney.

https://www.law.cornell.edu/wex/incapacitated

Barend van Zadelhoff
Netherlands
Native speaker of: Native in DutchDutch
PRO pts in category: 23
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