Guardianship for Adults (Incapacity & Dementia) in Romania

Guardianship for adults in Romania is now called legal protection of an adult (măsuri de ocrotire a persoanei majore). Some older lists and lawyer pages call this service “Enduring Power of Attorney: Guardianship”. People search for adult guardianship, guardianship of an elderly parent with dementia, mental incapacity or a lasting power of attorney in Romania. In Romanian the court measures are judicial counselling (consiliere judiciară) and special guardianship (tutelă specială); many people still use the old term punere sub interdicție (interdiction), which a reform following a Constitutional Court decision has abolished.

When families need it

A parent or spouse with advanced dementia, a relative after a stroke or a serious psychiatric illness, or an adult with an intellectual disability, who owns property, receives a pension or holds bank accounts, or has to sign for care, and can no longer do so safely alone. Many of these families live outside Romania.

The measures under Romanian law

The guardianship court (instanța de tutelă) chooses the lightest measure that is enough. Judicial counselling gives the person a counsellor who assists with important acts, while the person keeps acting personally. Special guardianship, for someone who needs to be represented continuously, is the most serious measure and is used only when the others are not sufficient. The court relies on a forensic psychiatric assessment, a social inquiry and hearing the person, and the measure is reviewed periodically. For a single act or a temporary difficulty, a curator (curator) can be appointed. An adult who can still decide but wants support can ask a notary to appoint an assistant for legal acts (asistent), with no loss of capacity.

Before capacity is lost

A notarial power of attorney (procură notarială) signed while the person can still decide covers many practical needs. Whether it keeps its effect once capacity is lost, and what other advance arrangements are available, are points a lawyer checks against the current rules.

Help from a lawyer

A lawyer explains which measure fits, prepares the application with the medical file, represents the family in the guardianship court, and guides the person appointed on reports and on acts that need the court's approval. Related pages: power of attorney, closing a bank account and property sale.

Questions and answers

Who can be appointed?

Usually a family member or someone close to the adult, chosen by the court with the adult's wishes in mind.

Can a relative who lives abroad take the role?

It is possible in principle, but the court considers whether that person can actually carry out the duties from a distance.

Can the person's home be sold?

Important acts such as selling property normally need the court's prior approval.

Is a guardianship order from another country valid in Romania?

It may be recognised; the route depends on the country, see enforcement of foreign judgments.