2010: Legal capacity and proxy decision making
Proxy decision making
Guardianship is covered by article 178-223 of the Civil and Family Code (IGN, 2007).
How guardianship is arranged
The wishes and interests of the ward are the most important factors in the guardianship procedure
Who can be appointed guardian
A guardian cannot be:
- A person who cannot have parental responsibility
- A person who does not have contractual capability
- A person whose interests are opposed to those of the ward
- A person who cannot be expected to act in the best interests of the ward
The duties and responsibilities of guardians
Guardians have to report to the Centre of Social Care on an annual basis.
Compensation and liability of guardians
Guardians are not paid by the State for the services they provide. However, they may be entitled to receive some expenses from the ward’s estate.
Capacity in specific domains
Article 43 of the Constitution states that the right to vote is universal and equal and that every citizen who has attained 18 years of age is eligible to vote and to stand for election.
Article 7 of the National Assembly Elections Act of 1992 further states:
“Every citizen of the Republic of Slovenia who has reached the age of 18 by the Election Day and has not been declared legally incompetent shall have the right to vote and to be elected as a deputy.”
According to article 16 of the Penal Code, a person shall not be held responsible for his/her actions if at the time the offence was committed, s/he was not capable of understanding the meaning of his/her act or of controlling his/her own actions due to any permanent or temporary mental disease, mental disorder or any other permanent and severe type of mental disturbance such as insanity. A reduced sentence may be given if the perpetrator’s ability to understand the meaning of his/her actions or to control them was greatly diminished due to any of the above-mentioned states of mind. This would be classed as diminished responsibility.
The above provisions would not apply if the state of insanity was self induced e.g. through alcohol or drugs.
- International Guardianship Network – IGN (2007), information provided in the form of a work document.
Last Updated: Wednesday 28 March 2012