værgemål

Værgemål, in Norwegian law, is a guardianship arrangement where a person, the ward, is placed under the care of a guardian (verge) because they are unable to manage their own affairs due to illness, disability, cognitive impairment, or being underage. The framework and rules for vergemål are set out in the Vergemålsloven (Guardianship Act). The aim is to protect the ward’s interests and ensure appropriate decision-making in personal and financial matters.

There are two main forms: enkelt vergemål (simple guardianship) and fullt vergemål (full guardianship). Enkelt vergemål covers limited matters or specific tasks, while fullt vergemål confers broad authority to manage both personal and financial affairs. The exact scope is determined by the court or guardianship authority when the arrangement is established.

A vergemål is typically established by a court or guardianship authority after an assessment of the ward’s capacity. It remains in effect until capacity is restored, the ward dies, or the court/authority terminates it. The guardian is obligated to act in the ward’s best interests, within the limits set by the decision, and to keep records and, where required, provide accounts to the guardianship authority.

The guardian’s duties include safeguarding the ward’s assets, paying bills, handling contracts within the authorized scope, making personal welfare decisions as needed, and representing the ward in legal matters. The ward retains fundamental rights, and decisions should involve the ward to the extent possible. Guardianship is subject to supervision and can be reviewed or challenged if necessary.

Værgemål differs from a voluntary power of attorney, which is a private arrangement, whereas vergemål is court- or authority-ordered to protect those who cannot protect themselves.

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