ABSTRACT

The contents of the reservation do not constitute an obstacle to the assessment of the compliance of the institution of curatorship for a partially incapacitated person with standards of Article 12 of the CRPD. The assessment of competences of the curator, who has not been entrusted with representation and management of assets of the ward by the court, is partially positive in terms of compliance with standards under Article 12 of the CRPD. The essence of curatorship in the light of standards pursuant to Article 12 of the CRPD consists in providing assistance when needed and not withdrawing the ward from the possibility of managing their affairs independently. This time period can be approved in the light of standards pursuant to Article 12 of the CRPD since it starts running only upon termination of the curatorship, and thus, it can be kept by the ward at their own discretion, without the risk of illegal pressure from the curator.