Arbitrariness of the Special-Case Guardianship

A change in family law could represent an important dividing line in the development of the guardianship system in Slovenia. The Slovenian Family Code retained the definition of a special-case guardian from the previous Act, adding that a special-purpose guardian could not be appointed in cases where the conditions for placing a child under guardianship or conditions for placing an adult under guardianship are given, unless otherwise provided by law. In practice, however, there are still cases when such persons are appointed as guardians for a special case, so it will depend on the sovereignty of the professionals at the social work centres whether the persons will enjoy the protection of their rights and benefits as promised by the Constitution of the Republic of Slovenia.

Keywords: family law, special case guardian, guardianship, temporary guardian, interpretation.