Juhtimisõigusi

Juhtimisõigusi, often translated as "rights of custodianship" or "guardianship rights," refers to the legal authority and responsibilities granted to an individual or entity to manage and care for another person's affairs or property. This concept is particularly relevant in legal contexts involving minors, incapacitated adults, or in situations where a person's assets need to be overseen.

In Estonian law, juhtimisõigusi can be established in several ways. For minors, parental rights inherently include juhtimisõigusi over their children's persons and property until they reach the age of majority. In cases where parents are unable to fulfill these duties, or if a child is orphaned, a court may appoint a guardian (hooldaja) who is then granted juhtimisõigusi. For adults who are deemed incapacitated due to illness, disability, or old age, a court can appoint a trustee (eestkostja) to exercise juhtimisõigusi on their behalf.

The scope of juhtimisõigusi typically includes managing the person's finances, making decisions regarding their healthcare and education, and safeguarding their property. The extent of these rights is defined by law and specific court orders, always aiming to act in the best interests of the person under guardianship. The individual or entity holding juhtimisõigusi has a fiduciary duty to act honestly, diligently, and in good faith, and is often subject to oversight by relevant authorities. The termination of juhtimisõigusi usually occurs upon the minor reaching adulthood, the death of the person under guardianship, or if the circumstances justifying its establishment no longer exist.