Legal Guardianship Must Not Become a Tool of Control – the Law Must Protect People
* This article was published in the newspaper Eesti Päevaleht on June 5.
In recent days, several stories have emerged highlighting legal guardianship, the restriction of personal freedom, and the serious infringement of fundamental rights. Although the law envisions legal guardianship as an extreme and ultima ratio measure to protect an individual, in practice, the social system often treats it as a solution in cases where necessary services are either lacking or difficult to access.
The Family Law Act clearly states that legal guardianship should only be assigned if an adult is permanently unable to understand or manage their actions due to mental illness, psychological disorder, or a similar condition. And even then, only if the person’s interests cannot be protected through a power of attorney or with the help of family members or other assistants. Legal guardianship is not intended to provide general social support – yet in practice, that is often what it becomes.
A major issue lies in the lack of accessible services and the rigidity in adapting them to individual needs. This creates a risk that legal guardianship is used as a substitute – not because a person truly needs it, but because other support simply does not exist. This means applying significant legal restrictions in situations where the actual need may be for social welfare assistance instead.
The situation is further complicated by inconsistent assessment practices across municipalities. While some local authorities follow the law and seek less restrictive alternatives first, others rely on general assessments that don’t provide courts with a full picture of a person’s capabilities or support needs. This places courts in a difficult position, having to make weighty decisions based on limited information.
Legal guardianship significantly restricts a person’s rights and freedoms – it can mean losing access to one's own finances, limitations in choosing where to live, managing personal relationships, and making everyday decisions. Therefore, its application must be approached with extreme caution. Unfortunately, there are cases where people fall under legal guardianship not due to mental condition, but simply because they don’t fit within officials’ concept of “normal coping.”
Dignity Is Not a Social Service – It Is a Constitutional Right
When legal guardianship becomes a mechanism of life control rather than a supportive institution in the person's interest, it is a problem not only from a legal protection standpoint but also in terms of human dignity. This is especially troubling in cases where a social worker visits and assesses whether someone “knows how to cook” – a question with little relevance to actual need for legal guardianship.
All institutions – including municipal social welfare services – are expected to respect basic rights, dignity, and the principle of minimal interference in private life. Legal guardianship must be based on reliable, individual, and substantive evaluation. It is crucial to include the person in the process and consider their views. The social system’s role is to provide necessary support.
Legal guardianship may be justified and necessary – but only when legally warranted and as a last resort. When it is used to compensate for systemic shortcomings, it no longer protects the person and may instead lead to the loss of their independence and dignity.
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