Administration/Mentorship
If no living will has been made (and it is no longer possible) and a client can no longer (adequately) represent his or her own interests, an administrator and/or a mentor is often appointed via the court. Administration is concerned with the financial interests. Mentoring focuses on non-financial interests such as health and medical decisions.
There are a number of disadvantages to this: the application can (due to delays in the court) take time. You have little or no influence on who becomes the administrator. You can no longer give instructions on how this person should handle your personal interests. This is reserved to the judge.
Sometimes it is advisable, despite the presence of a living will, to proceed to apply for administration. This may be the case, for example, if the client is not aware that he no longer clearly understands everything, is well spoken and concludes contracts, which have major (financial or other) consequences.
In this case, an administrator can point out that a contract cannot be concluded with the client without the administrator's signature as well. Therefore, if that (second) signature is missing, the contract is invalid.
If the children disagree among themselves and the interests of their parent(s) are not properly represented, administration, exercised by an independent professional administrator, may offer a solution.
NOTARISHUYS VELDHOVEN
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