THE FAMILY COUNCIL – SUPERVISING ORGAN WITHIN THE GUARDIANSHIP
THE FAMILY COUNCIL – SUPERVISING ORGAN WITHIN THE GUARDIANSHIP

Summary/Abstract: THE FAMILY COUNCIL HAS THE ROLE TO SUPERVISE THE ACTIVITY PERFORMED BY THE GUARDIAN, TAKING CARE THAT THE PROTÉGÉE’S INTERESTS BE CONSTANTLY TAKEN INTO ACCOUNT THROUGHOUT THE GUARDIANSHIP. THE FAMILY COUNCIL IS AN ENTITY WHICH CAN BE ESTABLISHED AT THE REQUEST OF THE INTERESTED PARTIES BY THE COURT OF GUARDIANSHIP, CONTROLLING THE WAY IN WHICH THE GUARDIAN FULFILS HIS DUTIES DUE TO THE PROTÉGÉE’S PERSON AND GOODS. WE BELIEVE THAT DUE TO THE CONDITIONS REQUIRED BY THE LAW TO BE PART OF THE FAMILY COUNCIL, CONDITIONS THAT ARE CLOSELY RELATED TO THE PROXIMITY OF THE MEMBERS OF THE COUNCIL TO THE PROTECTED ONES, WHICH HAVE AS THEIR PRIMARY BASIS THE RELATIONS OF KINSHIP, THEY WILL BE SUBJECTIVELY INVOLVED IN THE OVERSIGHT ACTIVITY OF THE GUARDIAN. GIVEN THAT THE MEMBERS OF THE FAMILY COUNCIL ARE PART OF THE RESTRICTED CIRCLE OF THE PROTECTED ONE, IT IS OBVIOUS THAT THEY HAVE KNOWLEDGE OF HIS PERSONALITY AND INCLINATIONS, CREATING THE PREMISES TO EFFECTIVELY PURSUE HIS INTERESTS IN A MANNER IN WHICH THE COURT GUARDIANSHIP CANNOT BE INVOLVED.

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