Guardianship for Adults (Incapacity & Dementia) in Croatia

Guardianship for adults in Croatia covers what happens when a person can no longer manage their affairs because of dementia, a mental illness or another condition. Some older lists and lawyer pages call this service “Enduring Power of Attorney: Guardianship”. In Croatian the court procedure is lišenje poslovne sposobnosti, deprivation of legal capacity, followed by guardianship (skrbništvo) and the appointment of a guardian (skrbnik). People also search for adult guardianship, incapacity, power of attorney for dementia and lasting power of attorney; the Croatian instrument made in advance is the anticipirana naredba.

Who this is for

Children and relatives of an elderly parent with dementia who lives in Croatia, families of an adult with a disability, and people who want to plan for their own possible incapacity while they can still decide.

How it works in Croatia

Under the current Family Act a court no longer removes legal capacity completely. It restricts it only in the areas where the person needs protection, such as selling property, managing money or consenting to medical treatment, and leaves everything else in the person's hands. The case is heard by the municipal court and is usually started by the social work service (Hrvatski zavod za socijalni rad), which relatives often approach first. The court hears the person, obtains a psychiatric expert opinion and reviews its decision at intervals. The social work service then places the person under guardianship and appoints a guardian, often a family member, who reports on the work and needs approval for important steps.

Before any of this, an adult with full capacity can make an anticipirana naredba with a notary: it names a trusted person and gives instructions on property, health and personal matters for a future loss of capacity. Notaries enter these directives in an electronic register kept by the Croatian Chamber of Notaries, where the court and the social work service can find them.

Points to watch

• Ordinary power of attorney. Whether an existing power of attorney can still be used once capacity declines is a separate question for a lawyer.
• Relatives abroad. A family member living in another country may be appointed guardian in some cases, but day-to-day care needs a practical plan.
• Foreign decisions. A guardianship ordered abroad may need recognition in Croatia before Croatian banks or registries act on it.

What a lawyer does

A lawyer explains the options, prepares the directive with the notary, asks the social work service to act or responds in the court case, represents the family, and helps the guardian obtain approvals for a sale or bank matters.

Questions and answers

Is an enduring power of attorney used in Croatia?

Not under that name. The Croatian document made in advance for incapacity is the anticipirana naredba, made with a notary.

Does the person lose all rights?

No. Croatian law allows only a partial restriction, limited to the areas named in the court decision.

Who can become the guardian?

The social work service decides, usually preferring a relative or a person close to the adult, and taking into account any wish expressed in an anticipirana naredba.

Can a guardian sell the person's apartment?

Only with the approval of the social work service, and only in the interest of the person under guardianship.