Basket | Login | Register    Legal capacity and proxy decision
making  Issues surrounding the loss of legal capacity  Article
2.10 of the Civil Code states that a person who as a result of
mental illness or “imbecility” is unable to understand the
meaning of his/her actions or control them may be declared
incapable and placed under guardianship. Once under
guardianship, the guardian may act on his/her behalf according
to rights and duties of the guardian which have been specified
by law.  The declaration of incapacity can be requested by the
spouse, parents or adult children of the person with presumed
incapacity or by a care institution or public prosecutor. This
can be done by filing a request or applying to court.  Proxy
decision making   The following information in this section is
taken from part VII, chapter XVII of the Civil Code which deals
with guardianship and curatorship.  Conditions for the
appointment of a guardian  According to article 3.238 and 3.239,
guardianship shall be established with the