Parties that may be appointed as guardians

Anyone may be appointed as a guardian except in certain cases of where incompatibility is determined by law.

 

The choice of guardian must be made exclusively with regard to the care and interests of the beneficiary.

 

In general, the guardianship judge appoints people closest to the beneficiary in terms of emotional connection (relatives, friends, acquaintances).

 

There are no special legal requirements for being appointed as guardian.

 


In situations where there is:

a)    a high degree of conflict among family members

b)   absence of relatives or acquaintances of the beneficiary

c)   unavailability of people close to the beneficiary to become a guardian

d)  reported inadvisability of relatives becoming the guardian (frequently indicated by doctors)

e)  objective difficulty with the beneficiary's financial and asset management

f)    or, when the guardianship judge deems it appropriate and in case of appointment of the interested person when there are serious concerns

 

 


the guardianship judge may decide to appoint a third-party from outside the immediate family as guardian.

 

 

In these cases, the guardianship court may select one of the following parties:

 

Professionals

 

 

 

The guardianship judge usually opts to appoint a professional (lawyer, accountant, notary, etc.) as guardian in all cases where there are particularly complex legal or financial situations, or if there are delicate personal or healthcare issues.

Volunteers

 

The guardianship judge may also appoint friends or acquaintances indicated by the beneficiary or other volunteers as guardian

Associations or Foundations

 

 

 

 

 When it deems it appropriate and when there exist serious concerns, the guardianship judge may also appoint a foundation or association as guardian.

In these cases, the guardianship court may appoint as guardian the legal representative of the Association (the President), who in turn may delegate the role as guardian to one of its members.


 

Operators of public or private services responsible for the treatment or care of the beneficiary may not, by law, accept appointment as guardian.

 



Unlike other foreign countries, guardianship is not a profession in Italy.

According to the Italian Civil Code, guardianship is a voluntary and unpaid appointment.

However, the guardianship court may designate "fair compensation" for the guardian if two conditions are met:

  • the extent of the beneficiary's assets. In relation to the amount of the beneficiary's assets, the guardianship court may assess whether or not it is appropriate to grant compensation to the guardian, and also determine the amount;
  • the difficulty of the guardianship, assessed by considering the nature and the recurrence of the activities performed during the year by the guardian

The amount of compensation to the guardian is determined by the guardianship judge on a pro rata basis, subject to the approval of the annual financial report, as there are no legal criteria for its determination.

 

The compensation is not subject to taxes (it is not remuneration).

 

In the event that the beneficiary is destitute, the guardian is not entitled to any reimbursement of expenses by the State (as in Germany, for example).