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Specializarea: DREPT

Materia:
LIMBA ENGLEZA

REFERAT

Tema:
ROMANIAN TUTELARY AUTHORITY
I have an interesting job, from my point of view. Why so? Because doing this job I
have met a lot of people and some of them have become my friends. Then I have the greatest
and the funniest staff. We spend a lot of time together, having fun and sometimes we have
little “fights” related to our job. I’m working at the Tutelary Authority Office.
Tutelary Authority has competence in:
A. guardianship for accused minors (the tutelary authority does a social enquiry)
In the cases dealing with juvenile accused, the tutelary authority does o social enquiry
consisting in collecting data on the regular conduct of the minor, on his/her physical and
mental condition, antecedents, on the conditions in which he/she was raised or in which
he/she has lived.
B. guardianship for the minors and their interests (a curator represents the child in
courts of justice, in signing any type of contracts at the notary public).
A child is under the authority of their mother and father. This is known as parental
authority. Parental authority may be defined as all the rights, duties and obligations of the
mother and father as regards looking after their minor child’s material, psychological, moral,
intellectual and physical needs. They must fulfill these obligations using their own income.
They have to represent the child in exercising the child’s rights in signing a contract,
accepting a donation, etc.
A curator is a person who has legally appointed to take care of the interests of one
who, on account of his youth or defect of his understanding, or for some other cause, is unable
to attend himself. This type of “curatorship” has a temporary mandate the curator’s action is
limited to representing the child in a specific situation: in a dispute about whether the parent
or the child will be the beneficiary of insurance proceeds, also a curator is appointed to defend
the interests of the minor.
There are curators ad bona, of property, who administrate the estate of a minor, take
care of his person and intervene in all his contracts, curators ad litem, of suits, who assist the
minor in courts of justice.
C. a protective measure named “curatorship” is instituted for persons:
a) whose incapacity is partial or temporary;
b) with a mild intellectual deficit or temporary incapacity
D. a protective measure named “tutorship” is instituted for persons whose incapacity
is total and permanent, and this person is put under interdiction;
There are also curators of insane persons. The protective measure named “curatorship”
is used for a person whose incapacity is partial or temporary.
A person is incapacited when they are unable to look themselves or administrate their
property, and need help exercising their rights. The incapacity may be the result of illness,
congenital disability or stroke; or the aging process may have diminished the mental faculties
or physical ability to express their wishes.

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Once a protective measure named curatorship is instituted, the protected person’s
rights are exercised by a curator and their freedom is limited. This is a decision with far-
reaching consequences for the person concerned.
It is suitable for a person with a mild intellectual deficit or temporary incapacity due to
illness or an accident. The person is capable of taking care of himself but may be unable to
cope with certain decisions. When they have a curator, they retain their autonomy and
continue to exercise their rights. For example, they may manage their own salary. A curator
assists the person with certain acts, mainly concerning administration of their affairs. This
means the curator has no authority to execute an act on the person’s behalf. The curator is not
allowed to sign a contract or sell a house for the person they are assisting. And they are not
allowed to oblige the person to follow their advice.
Tutorship is the form of protective supervision used for a person whose incapacity is
total and permanent.
In the Romanian Family Code, art.142 mandates that the person who “has no
discernment to care for himself because he/she is mentally alienated or has mental disability
will be put under interdiction”. Interdiction is defined by law as a measure to protect and
provide for a person of limited capacity. In this case it is the lack of exercise capacity and it is
declared tutelage. There is a main condition to put a person under interdiction the person has
to be without discernment.
The incapacity of a person, in both cases of “curatorship and tutorship”, has a
medical basis and may be caused by illness, disability or weakening of the mental faculties
due to aging; as a result the person is unable to make an informed decision. The incapacity is
confirmed in medical and psychological assessments and may be total or partial, and
temporary or permanent.
The person under one of the protective measure “curatorship or tutorship” is not
entitled to sign a contract, make donations, make a will.
Every interdiction shall be pronounced by the judge of the residence or of the domicile
of the person to be interdicted. The decision of interdiction is communicated to the Tutelary
Authority that identifies a tutor who must inform the medical staff responsible for proving
medical care.
The tutor takes responsability for decisions made, regarding the person with
intellectual disability. When the tutorship is instituted, the duty of the Tutelary Authority is to
make an inventory of the property in 30 days that a tutor will administrate. Preparing this
inventory is very useful because it helps to determine the protected person’s budget, and will
serve as a reference for the annual or final report when the administration ends.
The legal representative (a tutor or curator) continues collecting all of the protected
person’s income (rents). They also pay the person’s expenses, including accommodation, food
and debts, and fulfill their monetary obligations (support payments). A tutor or curator who is
not sure what decision to take, may contact the Tutelary Authority and seek the advice of the
person in charge of the incapacited person’s file.

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The tutor or curator should be very careful not to get into situations of conflict of
interest when representing an incapacited person. For this reason, they are advised to keep
their administration of the protected person’s property completely separate from that of their
own, even if protected person is the wife/husband. They should not rent, purchase or utilize
the incapacited person’s property for their own use, unless this is expressly authorized by
Tutelary Authority.
The tutor or curator has to:
-supervise the care and maintenance of the protected person prudently;
-act in the person’s interests, respecting their rights and privacy and preserving their
autonomy;
-ensure the person’s moral and material well-being;
-take into account the desires, wishes and other values expressed by the person under
protection;
-ask the person’s opinion if they are able to give it;
A protection measure comes to an end when the tutor or curator or the incapacited
person dies, medical or psychosocial reassessments show that the person has recovered their
capacity.
E. Tutelary Authority has competence in making a social investigation in cases
dealing with divorce. Our Office has obligation to check the moral and material conditions of
the parent to whom the children will be entrusted.
The art.42 from the Family Code prescribes that the court of law will decide, after the
pronunciation of the divorce, to which of the parents will be entrusted the minor children. For
this, the instance will hear the parents and after reading the social investigation made by
Tutelary Authority, and taking in consideration the children interests, which it will also hear if
they are 10 years old, will decide for each of the children it will be entrusted to the mother or
to the father.
The divorced parent who was entrusted with the child shall exercise the parental
rights. The divorced parent who has not been awarded custody of the child has the right to
have personal ties with the child, as well as to observe his or her bringing up, education,
studies and professional instruction.
F. assisting old persons in signing a purchase and maintenance agreements at the
notary public.