This is a concept that may be used for someone suffering from a mental disorder. If an adult lacks legal capacity because of a mental disorder and they have no appointed decision-maker (such as a guardian), they may be represented by a relative in the descending or ascending order, a sibling, a spouse or partner, or another person who has cohabited with them for at least three years prior to representing them.
To establish this form of representation, the representative informs the person concerned that they will be their representative and clearly explains the nature and effect of this representation to them. This representation cannot be established if it is refused by the person who is meant to be represented. If this person is able to make their wishes known, this is enough to express refusal. Representation also requires a court’s approval. Before taking a decision, the court makes the efforts necessary to determine the represented person’s opinion. Where appropriate, it uses the means of communication chosen by that person.
Representation covers ordinary matters that may arise in the represented individual’s living conditions and circumstances. However, a representative is not entitled to consent to any interference in the individual’s bodily integrity that will have lasting consequences. The representative may dispose of the represented person’s income to the extent necessary to see to ordinary matters that may arise in that person’s living conditions and circumstances. However, the maximum amount of funds that the representative may draw from the represented person’s account in any one month is the statutory subsistence level for an individual (currently CZK 3 860).
The representative is responsible for ensuring that the represented person’s interests are protected and rights are exercised, and for ensuring that their way of life reflects their abilities and any special wishes and preferences they may have (unless there are reasonable grounds to refuse these).
Multiple members of a household may represent an individual. If the represented person has more than one representative, only one of them need take action. However, if multiple representatives jointly take action in relation to another party, but contradict each other, they are all disregarded.
Representation comes to an end when the representative decides to stop playing this role or when the represented person refuses to be represented by them any longer. If this person is able to make their wishes known, this is enough to express refusal. Representation also ends when the court appoints a guardian for the represented person.