ABSTRACT
An incapacitation ruling is delivered in the first instance by the district court, composed of three professional judges, while the establishment of guardianship and the appointment of a guardian is decided in the first instance by the regional/guardianship court. The establishment of a guardianship and the appointment of a guardian follows the commencement of ongoing supervisory proceedings over the exercise of guardianship. At the outset, it is necessary to flag a significant problem with the assessment of solutions concerning various aspects of care for fully incapacitated persons in the light of the Convention's standards. The idea is that the provisions on guardianship for the totally incapacitated should enable, or perhaps even order courts to take stock of the fact that they are mostly applied to adults with varying degrees of capacity to express their preferences, in particular in personal matters.
