Guardianship aims to ensure that adults receive appropriate and competent care to uphold their personal and proprietary interests. The scope of guardianship depends on a person’s inability to care for themselves, uphold their rights, and fulfil their responsibilities due to mental health issues.

Guardianship may not be necessary if the adult child’s interests can be safeguarded through a power of attorney or with assistance from other family members and individuals.

The following checklist will help you determine whether your adult child may need guardianship:

• How does your adult child navigate time, place, and their own identity in everyday life situations?
• Can they handle tasks independently, such as at the bank, authorities, or with a notary?
• Do they understand the consequences of transactions, such as having to pay when making a purchase in a shop, and do they comprehend the value of money?
• Could they be at risk of exploitation?

Consult a social worker in your area to discuss if guardianship is a suitable solution to protect your child’s interests and rights.

The court initiates proceedings to establish the guardianship. To do this, you must submit an application to the court. You can apply via the E-file, by email, or on paper.

Along with the application, documents demonstrating the need for establishing guardianship and information regarding the child’s health condition must be submitted to the court. Do not worry if you cannot collect or submit all the documents. The court will gather evidence itself if necessary and inform you if any important document is missing.

You, a person close to your adult child, or the local government can submit the application. The court may also initiate proceedings itself if it has received information about a person in need of guardianship. When you submit an application to the court, you have to pay a fee.

Usually, the guardian is the mother, father, or another close family member. Before becoming a guardian, you must carefully consider the following questions:

• Why do I want to become a guardian?
• How will becoming a guardian affect my family relationships and living arrangements?
• What is my health status and emotional readiness? Am I ready to accept the support offered if needed?
• What are my financial means?
• Are my family members supportive of my becoming a guardian?
• Am I ready to acquire new knowledge and work with professionals when necessary?

The court assesses the suitability of the guardian. When appointing a loved one as a guardian, the personal qualities of that individual, their ability to uphold the ward’s interests, and the nature of their relationship with the ward are taken into account. The court can only appoint a guardian with the person’s consent, which means no one can be appointed guardian against their will.

The duty of the guardian is to assist, protect, and represent the adult ward and ensure their well-being.

The ruling on establishment of guardianship gives the guardian the right to represent the person. The guardian may only act within the specific limits and areas appointed by the court. The court forwards the ruling to make the necessary entry in the Population Register. You can also always check the guardianship details yourself in the e-population register.

If you have been appointed as the guardian of your adult child, you have the authority to make decisions regarding their living arrangements. Additionally, you can represent your child in various transactions and situations where an adult typically does not require a guardian, such as at a doctor’s office, at work, or the bank. You can start representing your adult child as soon as you receive the court order. It is always a good idea to bring the ruling with you when representing your child in different authorities.

At least once a year, the guardian must submit to the court a report on the performance of the duties of guardian ie the guardian’s report. The deadline and period for submitting the report are usually set out in the ruling on establishment of guardianship. You can always ask the court for details of the deadline and period for filing the report. As a guardian, you also have the right to seek advice and support from the social worker in your area.

If a guardian no longer wants to fulfil their responsibilities during the guardianship period or finds it difficult to do so, they must submit an application to the court to be removed as guardian. The court appoints a new guardian and dismisses the former guardian. The former guardian must provide the court with the last report on the date of their release.

Family Law Act

Ministry of Justice – Guardian’s guide – Guardianship of an adult
Estonian Courts - How to contact court