Duties of the guardian

Pursuant to Article 410 of the Italian Civil Code the guardian is responsible for the following general duties to the beneficiary:

 

 

 

Listening

 

The guardian must take into account the needs and aspirations of the beneficiary.

As far as possible, the guardian must take into account the needs and aspirations of the beneficiary.

Information

 

The guardian must maintain an ongoing information relationship with the beneficiary about the acts to be performed, as well as with the guardianship judge in case of disagreement with the beneficiary.

In this case the guardianship judge will hold a hearing to hear the beneficiary and the guardian and will adopt the appropriate measures with a motivated decree.


Representation

 

The guardian must become a spokesperson before the guardianship judge for all affairs of the beneficiary, prompting the guardianship judge to intervene as necessary for appropriate adjustment of the protective measure

Effective financial management

 

The guardian must regularly report on the activity carried out and on the conditions of the beneficiary's personal and social life.

This includes administering assets diligently and giving periodical account of the management

Vigilance 

 

The guardian must report any changes in the conditions of the life and autonomy of the individual, including the termination of the conditions that justified the implementation of the protective measure


Conflicts between the guardian and the beneficiary or others

 

 

In the event of a conflict with the beneficiary, it is the duty of the guardian to promptly inform the guardianship court.
To ensure the protection of the needs and requests of the beneficiary, should the guardian neglect these or, even, carry out harmful acts, the Public Prosecutor or the parties entitled to apply for guardianship, including the beneficiary himself/herself, may file a petition with the guardianship court for acknowledgement of these shortcomings.
The guardianship court will take the appropriate measures with a motivated decree.