Important decision
In its ruling, Case No. II. ÚS 434/26, the Constitutional Court addressed the selection of a guardian for a person with limited legal capacity. It emphasized that courts must not take a purely formalistic approach to this issue and that the appointment of a public guardian should be considered only as a last resort.
According to the Constitutional Court, when appointing a guardian for property matters, the court must base its decision primarily on the wishes and needs of the ward himself. The court must meet with the ward, hear him out, or otherwise ascertain his opinion, and give that opinion serious consideration. If the ward proposes a specific person, the court is not required to appoint that person automatically or without further consideration. However, if the court rejects the proposal as unsuitable, it must provide a convincing explanation as to why. Similarly, the court must take seriously the ward’s objection to the person proposed as their guardian.
This decision is particularly important because it strengthens the autonomy of people with limited legal capacity. A guardian should not merely be a formal representative but a person who maintains contact with the ward, protects their interests, and respects their wishes to the greatest extent possible. Courts must therefore actively determine whether there is a suitable close relative or friend in the ward’s immediate circle whom the ward trusts and who is capable of performing the role. Only if such a person is not available should a public guardian—typically the municipality—be considered. The Constitutional Court therefore remanded the case to the district court so that it may reassess the complainant’s current state of health, ascertain his opinion, and properly justify its selection of a guardian.
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