Czech Constitutional Court rules on guardian selection process

The Constitutional Court of the Czech Republic has ruled that courts must not act purely formally when appointing a guardian for individuals with limited legal capacity. Instead, judicial authorities must take the individual's wishes into account.

The ruling follows a case involving a man in Mladá Boleslav who was assigned a lawyer and subsequently a public guardian (a municipality) after courts failed to find suitable relatives or friends. The court noted that the municipality had explicitly indicated it did not wish to perform the role.

Miroslava Číhalíková Sedláčková, spokesperson for the Constitutional Court, stated that courts failed to make sufficient effort to identify trusted, capable, and willing relatives or close associates. She emphasized that while a ward's consent is not strictly required, their wishes must be considered to ensure effective protection of their rights and interests.

The District Court is required to re-examine the case, listen to the individual to determine their preferred guardian, and reassess whether the current scope of limited legal capacity aligns with their actual health status.