Legal capacity: personal and financial

Legal Capacity is divided into: Personal Autonomy and Financial Autonomy.

• Personal Autonomy entails the right to manage one's personal affairs, excluding financial matters.

• Financial Autonomy entails the right to manage one's financial affairs.

Individuals attain legal capacity at the age of 18, becoming both personally and financially autonomous.

Revocation of Personal Autonomy, Financial Autonomy, or Legal Capacity

If necessary, and if other, less severe measures have been exhausted, a judge may temporarily revoke an individual's personal autonomy, financial autonomy, or legal capacity. If an individual is deprived of personal autonomy, financial autonomy, or both, the District Commissioner will appoint a legal guardian.

Reasons for revocation may include the individual's inability to manage their personal affairs or finances due to:

• Mental or physical underdevelopment

• Senility or dementia

• Mental illness

• Other serious health conditions

• Alcoholism or substance abuse

An individual may request to be deprived of personal autonomy, financial autonomy, or legal capacity. Additionally, a spouse, close relatives, or social services may submit such a request.

Limited Revocation of Financial Autonomy

An individual may be deprived of financial autonomy concerning specific assets, such as real estate, ships, vehicles, negotiable instruments, deposit accounts, and investments in securities funds.

Termination of Revocation of Personal Autonomy, Financial Autonomy, or Legal Capacity

The revocation is temporary and may last for six months or longer. The revocation of personal autonomy, financial autonomy, or legal capacity automatically ends at the conclusion of the revocation period unless a request for its extension has been made to the court. Limited revocation of financial autonomy may, however, be indefinite.