How is adult guardianship assigned in Lithuania?
Adult Guardianship in Lithuania is a legal measure applied when an individual, due to health conditions, disabilities, or mental disorders, can no longer independently care for themselves or manage their property. This can include elderly individuals in need of daily support, or young adults with intellectual disabilities or severe mental illnesses. A guardian is appointed by court decision, based on clear criteria and only after confirming that guardianship is necessary to protect the individual’s interests.
Guardianship entails responsibility for another person’s well-being. The guardian oversees the daily decisions of the person under guardianship, their healthcare, living conditions, and, if necessary, property management. For guardianship to be established, a court ruling on the person’s incapacity or limited legal capacity in a specific area (property or personal matters) is required. Only after such a decision can the court appoint a guardian. Usually, the closest family member is appointed, but suitability is evaluated individually – considering reputation, relationship with the person, and caregiving abilities.
In practice, there are growing instances of abuse of the guardianship institution. For example, a family member might seek guardianship of a parent not out of care, but to control property decisions, restrict the influence of other relatives, or obtain personal gain. In such cases, it is critical to assess not just familial ties, but the actual capacity to act in the person’s best interest. Courts may rely on social worker reports, psychological evaluations, and in case of disputes – impose additional guardianship oversight.
If a guardian fails to fulfil their responsibilities – by withholding decision-making information, managing property non-transparently, or restricting contact with other relatives – replacement may be requested. In cases involving property management, a separate property administrator can be appointed or the same guardian may take on this role. Ongoing oversight may also be mandated by municipal authorities or court-appointed supervisors.
It’s important to note that guardianship does not always mean full loss of autonomy – restrictions may only apply in specific areas. For instance, a person may be deemed legally limited in property matters, but still retain the right to independently make personal decisions about residence or healthcare. Every case is assessed individually based on expert opinions and actual circumstances.
To initiate adult guardianship, medical evidence of disability or health condition must be provided, a court petition prepared, and cooperation with municipal social services ensured. This process must be grounded in respect for the individual and a real need to protect their interests.
If you’re looking for guidance on how the guardianship appointment procedure works or what documents are needed – our family law team is here to help. We provide consultation on all aspects related to adult guardianship in Lithuania.
