Guardianship for Adults (Incapacity & Dementia) in Lithuania

Adult guardianship in Lithuania (globa) is the court-based protection of an adult who, because of dementia, mental illness or another condition, cannot fully take care of their own affairs. Some older lists and lawyer pages call this service “Enduring Power of Attorney: Guardianship”. Families search for guardianship for an adult with dementia, legal incapacity or limited capacity, or how to become a guardian; the Lithuanian terms are incapacity in a specific area (neveiksnumas tam tikroje srityje), the guardian (globėjas) and the curator (rūpintojas). Supported decision-making and an advance instruction are the milder alternatives.

Who this is for

Children and spouses of an elderly parent with dementia, families of an adult with a serious mental illness or intellectual disability, and relatives abroad who need someone in Lithuania to be able to act lawfully.

How it works in Lithuania

Lithuanian law no longer removes a person's capacity across the board. On an application, usually by a family member, a district court can find that the person lacks capacity, or has limited capacity, only in particular areas such as managing property, consenting to treatment or choosing where to live. The court normally relies on a forensic psychiatric examination and takes the person's own wishes into account. It then appoints a guardian, who acts for the person in that area, or a curator, whose consent the person needs there. The guardian accounts for how the property is managed, and the decision can be reviewed when the person's condition changes. Records of these measures are kept in a non-public register.

Lighter alternatives

• Supported decision-making agreement (pagalbos priimant sprendimus sutartis): a person who still has capacity names a trusted helper who assists, but does not decide for them.
• Advance instruction (išankstinis nurodymas): a document certified by a notary in which a person says in advance whom they would want as guardian and how; it applies only once a court has limited their capacity.
• Power of attorney: useful while the person can still sign, but it may stop working once a court limits capacity, so it is not a full substitute; see power of attorney in Lithuania.

What a lawyer does

A lawyer assesses whether a court case is needed or a lighter tool will do, prepares the application and the medical evidence, represents the family in court, and helps the guardian with later steps such as selling property with the permission that may be required. Questions of property and succession often follow, for example under inheritance in Lithuania.

Questions and answers

Is there an enduring or lasting power of attorney in Lithuania?

Not as a separate document under those names, as far as current rules go. The closest tools are the advance instruction and a supported decision-making agreement, made while the person still has capacity; a lawyer confirms which fits.

Can a relative living abroad be appointed guardian?

Possibly, but the court looks at whether that person can actually take care of the ward's affairs in Lithuania.

Does the person lose all their rights?

No. The court limits capacity only in the areas it names, and the person keeps their rights elsewhere.

What about a guardianship ordered in another country?

A foreign decision may need recognition before it is relied on in Lithuania; see enforcement of foreign judgments.