Guardianship for Adults (Incapacity & Dementia) in Latvia

Guardianship for adults in Latvia is called aizgādnība: a court restricts the legal capacity (rīcībspēja) of a person who, because of a mental disorder, dementia or another condition, cannot understand or control their actions in some areas, and a guardian (aizgādnis) is appointed to act for them there. Some older lists and lawyer pages call this service “Enduring Power of Attorney: Guardianship”. People abroad search for adult guardianship, guardianship for incapacity, guardianship of an elderly parent or a power of attorney for dementia. Latvia also has an advance alternative, the future authorisation (nākotnes pilnvarojums), which English speakers compare with a lasting or enduring power of attorney.

Who comes with this question

Children of an elderly parent in Latvia who has dementia, relatives of a person with a serious illness or injury, and people who want to plan ahead while they can still decide for themselves. Often the family lives in another country.

How guardianship works in Latvia

The case starts with an application to court, usually from a close relative or from the orphan's and custody court (bāriņtiesa). The court relies on a forensic psychiatric examination and hears the person concerned. Latvian law does not remove legal capacity as a whole: the court restricts it only in the areas where the person needs support, and the restriction can be reviewed later. The bāriņtiesa then appoints the guardian, often a family member, and supervises how the guardian manages the person's property and affairs; some transactions, such as selling real estate, need its consent.

Planning ahead: future authorisation

A person who still has full capacity can make a future authorisation as a notarial deed, choosing who will act for them if they can no longer manage their affairs and what that person may do. It is entered in a register kept for such authorisations and comes into use only once the loss of capacity has been confirmed in the way the law sets. Where a valid future authorisation exists, a court guardianship may not be needed. An ordinary power of attorney is a different document, meant for someone who can still decide, and it generally cannot be relied on once their capacity is restricted.

What a lawyer does

A lawyer explains which route fits, prepares the court application and the evidence, represents the family in court and before the bāriņtiesa, explains to a guardian the reports and permissions involved, and drafts a future authorisation with the notary for someone planning ahead. Practical steps that follow, such as dealing with the person's bank, are covered under closing a bank account, and questions about the estate later on under inheritance.

Questions and answers

Can a relative who lives abroad become the guardian?

It is possible in principle. The bāriņtiesa looks at whether the person can actually carry out the duties, and doing so from a distance can be difficult.

Is a diagnosis of dementia enough?

No. The court decides on the basis of an expert examination and of what the person can and cannot do, not on a diagnosis alone.

Can the person concerned object?

Yes. The person takes part in the case, is heard by the court and can challenge the decision.

Can a guardianship decision from another country be used in Latvia?

Sometimes, depending on the country and on international rules; a lawyer checks whether it can be recognised or whether a Latvian procedure is needed.