This legislative proposal is submitted by Sander Dekker, the Minister for Legal Protection, and is open to public consultation via the internet.
One of the ways to support those with grave financial problems is to have the court appoint a protective guardian. This administrator takes financial decisions for the individual in question. The administrator must ensure that a stable situation is created by paying the bills for rent, gas, water and electricity. Another duty of the protective guardian is to introduce these individuals to debt assistance or ensure that they begin a debt restructuring process.
Currently, the court only determines whether or not a protective guardian must be appointed There is too little leeway to decide that a less rigorous type of support would better suit the situation of the individual involved. By informing municipalities in advance of requests for the court to appoint a protective guardian, they can advise the court in this regard. This way, the court can also consider less rigorous types of support when making a decision. The aim is that individuals with problematic debts receive the best possible support.
In future, municipalities will be able to advise the court on whether someone with problematic debts requires the assistance of a protective guardian (also referred to as schuldenbewind in Dutch, i.e. debt administration). Many municipalities are currently unaware of the fact that the court has been requested to appoint a protective guardian, although the municipality is actually responsible for providing the proper support to individuals with debts. In order to remedy this situation, municipalities will receive the right to prior consultation whenever the appointment of a protective guardian is requested.
The measure follows from the coalition agreement. It is part of the Action Plan for Tackling Debt Comprehensively (Actieplan Brede Schuldenaanpak), which was recently submitted to the Dutch House of Representatives. The aim is to provide better support for people in debt and to reduce the numbers of individuals with problematic debts.