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Administration

This is a print of a page on Rechtspraak.nl. Look for the most up-to-date information on Rechtspraak.nl (http://www.rechtspraak.nl). This page is printed on 01-01-1970.

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If someone who is 18 years old or older cannot manage all or part of his or her finances, the judge can appoint an administrator to manage those finances. The judge checks to make sure that the administrator is doing that properly.
 
The procedures to arrange and change administration are part of civil law. You do not need a lawyer.

Managing your finances

You may get into a situation that means that you cannot manage your own finances anymore, for example if you have debts because of unemployment, illness or divorce. The judge can appoint an administrator for you. This administrator will help you to manage your finances.

You can also apply for limited administration. This means that the administrator only manages some of your finances, for example your savings or your home. The administrator can be one of your family members, a friend or someone you know.

Annual check by the judge

You may feel sad, worried, angry, guilty or ashamed if your finances are placed under administration, because you cannot make decisions about your finances anymore. It may also be difficult for you to trust the administrator who is in charge of your finances. It may help you to know that the judge checks every year to make sure your administrator is managing your finances properly.

 

What does the administrator do for you?

  • The administrator decides how much money you get to pay your daily expenses, for example to buy groceries.
  • If you want to buy or sell something expensive, for example a car or a house, then your administrator and maybe also the judge must approve that. This is the same if you want to sign a contract, because these things can affect your finances.
  • You are still ‘legally competent’; for example you are still responsible for your children if they are aged under 18 years old, you can still write a will, and you can still vote in elections.
  • In order to protect you, the administrator can register you in the Central Guardianship and Administration Register (CCBR) , so that businesses can only sign contracts with you if your administrator approves. The court can also register you if you waste money or if you have problems because of debts.
  • The administrator registers the administration in the Commercial Register if you have a business, and in the Land Registry if you own a house or some land.

 

Which administrator?

Non-professional administrator

When you apply for administration, you can choose someone who you trust and who you would like to manage your finances for you. This person can be a family member, a friend or someone you know.

If the judge decides that this is the right person to manage your finances, he or she will appoint this person to be your administrator. This person is called a ‘non-professional administrator’ because administration is not his or her official job or profession.

You can also suggest 2 administrators to the judge:

  • These 2 people can work together and decide who will do which tasks.
  • If the judge thinks that it is necessary, he or she can decide which person will do which tasks.

Professional administrator

You may not know anyone who would be a good administrator for you. You can also choose someone who is a professional administrator: someone who does administration as his or her job. You can ask people you know or search on the internet to find administration providers in your area. A professional administrator must meet special conditions about quality.

 

Applying for administration

If you have decided that administration is the best thing for you in your situation, you can apply for it.

 

 

Costs and compensation

You pay court fees when you apply for administration. These fees are the costs you pay so that the judge will hear the case.

The administrator can ask the judge to decide how much money he or she should get for managing your finances (his or her compensation).

 

 


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