The Dutch Legal Practice of Protection Measures with regard to Older Persons: A Case File Study

Activity: Lecture / PresentationAcademic

Description

Background: The Dutch population is ageing rapidly, and a considerable amount of the increasing number of older persons will, at some point, develop conditions that result in impaired cognitive functioning. Dementia is such a condition, characterised by impairments in memory and decision-making ability. The Dutch protection measures aimed at the support and protection of people with conditions like dementia – mentorschap (personal guardianship), beschermingsbewind (financial guardianship or protective trust) and curatele (plenary guardianship) – result in a loss of legal capacity and are increasingly regarded as inconsistent with the right to autonomy and self-determination of persons with disabilities, protected under the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Extensive research is necessary to map out the current legal practice of Dutch protection measures and design a new system of legal provisions that both supports and protects older persons and respects their human rights.

Research question: What does the Dutch legal practice of protection measures look like in regard to older persons and to what extent do problems arise in terms of support, supervision, and procedural safeguards?

Methodology: In this case file study, we are going to analyse curatele, beschermingsbewind and mentorschap case files, spread across four district courts in the Netherlands. In total, we aim to analyse 1200 case files (100 per measure per court). We are going to collect and analyse both quantitative and qualitative data.

Results and conclusions: If possible, first results and conclusions will be presented during ELAN, as the research is planned be conducted in the summer of 2022.
Period26 Aug 2022
Event titleEuropean Law and Ageing Network Meeting
Event typeWorkshop
Conference number3
LocationAmsterdam, NetherlandsShow on map
Degree of RecognitionInternational