Duration of the appointment as guardian

 

The appointment may be for a fixed term (e.g. two years) or for an indefinite period of time.

 

The guardianship judge may decide, even before the expiry of the term, to revoke the appointment if the original conditions for the protective measure are no longer valid, or to extend the term in the event that the beneficiary is still unable to look after his/her own affairs (Article 413 of the Italian Civil Code).

Non-acceptance and replacement of the guardian

 

If the guardian is a relative, the appointment shall be made without any time limit. If, on the other hand, the guardian is a third party, he/she is not required to continue in the appointment beyond 10 years.

In any case, the judge may release the guardian, either ex officio or at the party's request, when the appointment becomes too burdensome or is a permanent and ongoing hindrance and it is possible to replace him/her, or when the guardian is found to be unsuitable or non-complying.

 

Only in certain cases under the law or for serious encumbrances may the guardian refuse to accept or carry out the appointment.

Examples of such situations that may be excused include people over 60 years of age, individuals with more than three minor children to care for, or a person with more than one guardianship responsibility.

Possible cases

for discontinuance of the appointment as guardian

  • Death of the beneficiary;
  • Completion of the term of the appointment indicated in the decree of appointment of the guardian
  • Upon a motivated petition being submitted by the beneficiary, guardian, or by legitimate parties to appeal the protective measure on the grounds that conditions for the termination of the appointment exist
  • Upon the finding of the guardianship court that the guardian is unsuited to fully ensure the protection of the beneficiary. In this case, the guardianship court, if it deems it appropriate to recommend interdiction or incapacitation, may give notice to the Public Prosecutor to act in this regard.