Recognition as a recipient of support in court: from the application to the decision

Under the old model a person was declared legally incapable and a guardian made every decision on their behalf, regardless of what they could actually do. The 2015 reform changed this approach: the court now sets out the specific areas in which the person needs help, and in everything else they remain fully independent. The supporter helps them express their own wishes and acts in their name only in the cases defined by the decision. The cases of people previously declared incapable were reviewed under the new rules after the reform, so before an old decision is used today its current status should be checked.

The court decides on the basis of the expert examination, the authority's report and the case file, so the person's consent is not a mandatory condition. Their position is nevertheless at the centre of the proceedings: they have the right to be heard, to submit their own evidence, to name or reject a candidate and to appeal the decision. The court has to explain why a less restrictive measure is not enough and why each area is necessary. Our lawyer advises families, wherever possible, to reach this decision together with the person, because such a case moves faster and with fewer disputes.

The cost has three parts. The applicant pays the court fee in the amount set by law, unless they have grounds for exemption. The cost of the expert examination is set by the examining institution's tariff, and who covers it depends on the circumstances of the case; the lawyer explains this when preparing the application. The third part is the lawyer's fee, paid in stages under a prior written agreement. If the documents are foreign, translation and an apostille are added. You receive the full total before the case begins, and if the family finds payment difficult, the lawyer takes this into account at the first conversation.

This is a common situation, especially when there is property involved. The court chooses the candidate according to the wishes and interests of the person concerned, not by the majority view of the family. It takes into account how close the relationship is, day-to-day care, the absence of a conflict of interest and the authority's report. In a dispute, appointing different supporters for different areas is sometimes considered, for example one for finances and another for health matters. Before the hearing the lawyer tries to reach agreement with the family members, because a dispute taken to court drags out the proceedings and puts needless stress on the person whose interests are at stake.

Only if the property area is included in the court's decision and the guardianship and custodianship authority gives prior consent to the transaction. The authority checks that the sale is genuinely in the person's interests, that the price is at market value and that the money will go towards their treatment and needs. For this the lawyer submits the clinic's cost estimate, a valuation report and a plan for using the money. If the person is able, their opinion must also be heard. The supporter keeps separate accounts of the sale proceeds and reports to the authority.

That depends on the destination country and the receiving institution. Many banks and clinics accept a Georgian decision if it comes with a certified copy from the court, a note that it has entered into legal force, an apostille or legalisation and a certified translation. In some countries, however, a foreign court decision needs recognition by a local court, especially where real estate is concerned. So before we order the translation, the lawyer checks the specific country's requirements and, if necessary, plans the next step together with a colleague there.