Process description
Information
1. An Orphan's court shall appoint a trustee for a person in accordance with a court adjudication regarding the establishment of the guardianship: with mental or other health disorders for which the court has limited the capacity to act; for which the court has established temporary guardianship; for which the court has limited the capacity to act due to a loose or wasteful life, as well as due to the excessive use of alcohol or other intoxicating substances. The property of a person present or missing, the execution of a will.
2. The Orphan's Court shall appoint a trustee for the succession in accordance with the notary deed regarding the establishment of guardianship.
3. The Orphan's Court shall appoint a temporary trustee in accordance with the decision of the court regarding the establishment of temporary guardianship, if the trustee is: prevented from taking the guardianship; suspended; personally interested in acting in the place of the person under the auspices or with that person.
4. If errors have been determined in the settlement submitted by the trustee or the activities of a trustee who is unable to manage the guardianship, the Orphan's Court shall: give the trustee appropriate instructions; decide on the suspension of the trustee; shall decide on the revocation of the trustee.
5. The Orphan's Court shall decide on the appointment of another trustee, if: determine the violations at the disposal of the trustee; the trustee has been removed from the performance of the duties of the trustee; the trustee has died.
6. An Orphan's court shall decide on the release of a trustee from the performance of duties, if: the court has revoked the capacity limitation for the person under the auspices and has terminated the guardianship due to mental nature or other health disorders; the court has terminated temporary guardianship for the person under the auspices due to a mental nature or other health disorder or the term of validity of the court adjudication has expired on a temporary basis regarding establishment of guardianship; (in such cases, the trustee must submit to the Orphan's Court the final settlement and transfer to the relevant person the property which has been under his or her management); the circumstances which were the basis for the limitation of capacity and the establishment of the guardianship to the person due to his or her precarious or wasteful life have been lost, the court has abolished the limitation of the capacity and has terminated the guardianship; has terminated the guardianship of the property of a bystander or missing person; a court adjudication has entered into lawful effect or a notary has issued a certificate regarding the rights of the requester of the succession and the trustee has transferred the inheritance against the signature, together with the heirs approved by the court or notary, and has submitted the final settlement to the Orphan's Court.
If the heirs do not sign regarding the receipt of the property without an important reason, but the Orphan's Court has not determined the malpractice of the trustee, the Orphan's Court shall decide on the release of the trustee from the performance of his or her duties.
7. An Orphan's court, defending the interests of a person under guardianship: shall supervise that the trustee, not less than once every seven years from the date of the coming into force of a court judgment regarding the limitation of capacity, shall submit an application to the court regarding the review of the mandatory capacity limitation to a person with a limitation of capacity, as well as provide the court with information that has a role in the case regarding the review of the limitation of the capacity of the capacity of the capacity limitation of the capacity of the capacity of the capacity of the capacity of the capacity of the Prosecutor's Office shall be informed: if, due to the delay of the trustee, a review of the limitation of capacity in the interests of the person under guardianship is necessary; regarding the establishment of the guardianship of a person with mental or other health impairments; shall decide on the entering into of the marriage contract of the person under guardianship in accordance with Section 114 of the Civil Law.Service requests
A person who wishes to become a trustee shall present a personal identification document and submit to the Orphan's Court: a submission with the requested request and a justification for the request; a relevant court adjudication or a notary deed made by a notary regarding the establishment of the guardianship for the succession if they are at the disposal of the person; a statement issued by the family doctor regarding the current state of health of the person; and the psychiatrist; a statement/opinion of a person on the state of mental health and a statement of the narcologist/opinion on the person's dependence on narcotic drugs and psychotropic or other addictive substances.
The Orphan's Court, shall ascertain the views of the person/heirs and persons interested in the succession who are under the auspices, request information regarding the potential departure from the information systems of the IeM, if necessary perform an examination of the living conditions of the potential trustee, request other information, evaluate it at the meeting of the Orphan's Court and take the relevant decision.Receipt of services
The decision shall be taken at the meeting of the Orphan's Court and shall be notified to the parties.
The Orphan's Court shall draw up the decision in writing and send the transcript thereof to the participant in the administrative process within 10 working days after the taking of the decision. A true copy of the decision can also be received in person at the Riga Orphan's Court.
Similarly, a decision/reply can be sent to a person by post, to an e-mail address or to the electronically agreed national and municipal services portal www.latvija.gov.lv.