A 53-year-old man from central Bohemia, fully capable of managing his own affairs despite a slight mental impairment, found himself in an unexpected predicament when his bank, in an overly cautious move, restricted his access to his own funds. This ordeal lasted for three weeks, during which the man struggled to gain control over his accounts as the bank officials chose to solely communicate with his guardian, disregarding his own autonomy.

The root of the issue lay in the misunderstanding by the bank officials regarding the role of the court-appointed guardian. While the court had assigned a guardian to assist or advise the man, it was not to usurp his control over his finances. However, the bank officials failed to grasp this distinction, leading to a prolonged and unnecessary dispute that ultimately landed on the desk of Ombudsman Stanislav Křeček.

Only after the intervention of the ombudsman did the situation start to shift, allowing the man to regain independent control over his accounts. This marked a crucial victory not just for the individual involved but also highlighted the importance of understanding the rights and capabilities of individuals with designated guardians.

This was not the first instance where the man faced challenges with accessing his own funds. Previously, when attempting to close his savings account and open a new one, he encountered resistance from the bank, which insisted on his guardian’s involvement despite his protestations. The situation escalated further when the man’s payment card expired, and the bank sent the replacement card to his former guardian’s address, where she no longer resided.

The misunderstanding by the bank officials underscores a broader issue regarding the interpretation of the law. The new civil code explicitly allows for the appointment of guardians to individuals who may require assistance but are fully capable of managing their own affairs. As clarified by Hana Charvátová from the Tloskov Home for People with Mental Disabilities, the role of the guardian is akin to that of an assistant or advisor, rather than a decision-maker, especially in cases like the one faced by their client.

Ombudsman Křeček emphasized that individuals with designated guardians retain the ability to handle their finances and legal matters, with the guardian serving as a proxy only when necessary, based on power of attorney. This case serves as a poignant reminder of the importance of respecting the autonomy and rights of individuals, especially those with disabilities, within the legal and financial systems.

Article by Prague Forum