General Guardianship
Declaration of commencement:
It is declared by the court at the request of the person himself, the person’s spouse, any relative within the fourth degree of consanguinity, the guardian of minor, the supervisor of guardian of minor, the chief of the Khum or Sangkat where the person’s domicile is located, or a prosecutor with respect to a person who remains in a habitual condition of lacking the ability to recognize and understand the legal consequences of his actions due to mental disability.
Not apply for person under 15 years old at the time of application.
Court need to revoke the declaration of commence of curatorship of that person if they got before this declaration.
Meaning of person under general guardianship and appointment of general guardian:
Person under general guardianship is a person who receives a declaration of commencement and shall be placed under the care of a general guardianship.
Right to rescind act:
An act conducted by a person under general guardianship may be rescinded, except an act necessary in the course of daily life.
Revocation of declaration of commencement:
Court shall revoke the declaration of commencement at the request of the person himself, the person’s spouse, any relative within the fourth degree of consanguinity, the guardian of minor, the supervisor of guardian of minor, the chief of the Khum or Sangkat where the person’s domicile is located, or a prosecutor when the grounds for it cease to exist.
General Guardianship is legal responsibility provided by the court’s declaration of commencement to care, guarantee about the act, and manage personal affairs of the person over 15 years old who remains in a habitual condition of lacking the ability to recognize and understand the legal consequences of his actions due to mental disability. This means that at the request of ward’s family member to the court is the application to give someone respond for a person who is usually weak in thinking by taking care, consulting with the ward when he or she want to do something, and guarantee what he or she does when there is the consent from the general guardian to him or her.
Curatorship
Declaration of commencement:
It is declared by the court at the request of the person himself, the person’s spouse, any relative within the fourth degree of consanguinity, the guardian of minor, the supervisor of guardian of minor, the chief of the Khum or Sangkat where the person’s domicile is located, or a prosecutor with the respect to a person whose ability to recognize and understand the legal consequences of his actions is substantially impaired due to mental disability.
Court need to revoke the declaration of commence of general guardianship if that person got before this declaration.
Meaning of a person under curatorship and appointment of curator:
Person under general guardianship is a person who receive a this declaration and shall be placed under the care of a curator.
Right to rescind act:
An act conducted by a person under curatorship without the consent of curator may be rescinded, except an act necessary in the course of daily life.
Revocation of declaration of commencement:
Court shall revoke the declaration of commencement at the request of the person himself, the person’s spouse, any relative within the fourth degree of consanguinity, the guardian of minor, the supervisor of guardian of minor, the chief of the [commune] where the person’s domicile is located, or a prosecutor when the grounds for it cease to exist.
Curatorship is the legal responsibility provided by the court’s declaration of commencement to care, guarantee about the act, and manage personal affairs of a person whose ability to recognize and understand the legal consequences of his actions is substantially impaired due to mental disability. This means that it the right of curator to get involve with the personal life of a person who have problems seriously with their mental ability to know the effects of his or her actions to the others.
By: POK Panhavuth
