4 H. Safeguards regarding persons who are deprived of their legal capacity 1. Procedure for the deprivation of legal capacity and appointment of a guardian • Does the court which decides on the (partial) deprivation of legal capacity also decide on the nomination of a guardian or is the guardian appointed by another body (e.g. social welfare authority)? Is the resident heard in person in the process of deprivation of his/her legal capacity and the appointment of a guardian? Are the persons concerned given a copy of the decisions and informed (verbally and in writing) of the possibility and modalities for appealing against the decisions to deprive them of their legal capacity and to appoint a guardian? Are the decisions on deprivation of legal capacity subject to a regular court review? How frequently? Can the person concerned initiate proceedings to restore the legal capacity? Does the person have effective access to legal assistance in the context of these procedures? Who are the guardians (relatives, private associations, public officials, staff of the social care institution)? • • • • 2. Safeguards in the context of admission • • • • • Who decides on the placement? Does the guardian have to sign a private-law contract with the institution? Which safeguards apply for the admission of legally incapacitated persons in a social care institution? Is the admission of a person on the basis of consent given by his/her guardian considered to be voluntary or involuntary? Is an additional approval by an outside body required in such cases? 3. Safeguards in the context of treatment and the use of means of restraint • Which safeguards apply for the treatment of legally incapacitated persons? To what extent is the guardian involved in treatment measures? Are there situations where additional safeguards are required, e.g. approval by a court or another outside body? Which safeguards apply for the use of means of restraint vis-à-vis legally incapacitated persons? To what extent is the guardian involved in decisions on the use of restraint measures? Are there situations where additional safeguards are required (e.g. approval by a court or another outside body)? • I. Other issues • • • • Residents’ contact with the outside world (correspondence, telephone, visits) Regular inspections/monitoring by an independent outside body? Complaints procedures? Is there a system of legal counselling in place (such as “residents’ advocates”)? Information of residents: Are residents informed of the institution’s routine and their rights including of complaints procedures e.g. in the context of involuntary placement or treatment and of discharge procedures? Is this information part of the admission contracts signed by the resident (or his/her legal representative)?