Eestkostmine

Eestkostmine is a legal mechanism in some jurisdictions, primarily those with civil law traditions, that provides for the care and protection of individuals who are unable to manage their own affairs. This can include minors, adults with cognitive impairments, or those suffering from physical disabilities that prevent them from making informed decisions. The primary goal of eestkostmine is to ensure the well-being and protection of the individual under guardianship, often referred to as the ward.

The establishment of eestkostmine typically requires a court order. This process usually involves an assessment of the individual's capacity to manage their affairs and a determination that a guardian, or eestkostja, is necessary. The court will appoint a suitable individual or entity to act as the eestkostja. This could be a family member, a close friend, or a professional guardian. The eestkostja is entrusted with making decisions on behalf of the ward, which can encompass financial matters, healthcare, personal care, and legal affairs, depending on the scope of the guardianship.

The responsibilities of an eestkostja are significant and are usually subject to court supervision. They are obligated to act in the best interests of the ward, manage their assets prudently, and provide regular reports to the court detailing their actions and the ward's condition. The duration of eestkostmine varies, ending when the ward regains capacity, reaches the age of majority, or passes away. This legal framework aims to balance the need for protection with the individual's right to autonomy as much as possible.