FURTHER EXPLANATION · 2 MIN READ
An updated guide for a demanding responsibility
An updated practical guide for family administrators was published on 22 October 2026. The guide is an initiative of the King Baudouin Foundation and the Federation of Notaries, in cooperation with the Federal Public Service Justice. It follows the process from the application to the justice of the peace through daily management and reporting. It provides practical explanations based on the rules of September 2026 and is not a new law.
Judicial protection may be needed when an adult can no longer make certain personal or property-related decisions independently. The justice of the peace tailors the measure. They can impose assistance, where the administrator acts together with the protected person, or representation, where the administrator acts in their place. The order therefore determines what the administrator may and may not do.
Preparing and applying
Administration is a significant measure. First consider whether a less restrictive solution is sufficient. A lasting power of attorney can arrange certain personal or property-related decisions in advance. A declaration of preference allows you to indicate who should preferably be appointed later as administrator or trusted person. The court retains its discretion.
An application for judicial protection is submitted through the Central Register for the Protection of Persons. It will usually require a detailed medical certificate no more than fifteen days old, subject to the exceptions described in the guide. A clear application with information about living circumstances, family, assets and the desired protection helps the justice of the peace make a focused decision.
Daily management also means accountability
In cases of representation, the administrator generally has to file an initial report within six weeks. Periodic reports on living circumstances, income, expenditure and significant changes then follow in principle. Keep bank statements, invoices, decisions and supporting documents from day one. Never mix the protected person’s assets with your own.
Example: a daughter manages her father’s accounts. She pays ordinary housing and care costs within the limits of the order, keeps the records and discusses decisions with him as far as possible. For a major transaction such as selling a home, she first checks whether special authorisation from the justice of the peace is required. She does not sign a binding agreement before the necessary permission and documents have been prepared.
Autonomy remains the starting point
The administrator must consider the protected person’s wishes, habits, lifestyle and resources. Protection is not a licence to organise someone’s life according to the administrator’s preferences. Explain decisions, involve the person where possible and use their assets in their interests. If in doubt, the administrator can ask the justice of the peace for clarification.
Notariaat Wellens can help you assess in good time whether a lasting power of attorney or declaration of preference is appropriate. If an administration is already in place, the office can assist with notarial acts, property questions and documents for special authorisation. Bring the order and relevant documents so that the powers and next steps can be reviewed concretely.