Care mandate and judicial guardianship: The Social Role of Bank Employees is becoming increasingly important
The financial sector is increasingly confronted with clients who are no longer able to manage their financial affairs entirely on their own. This may involve an elderly client with dementia, someone who becomes temporarily incapacitated following an accident, or family members wishing to carry out banking transactions on behalf of a vulnerable person. In such situations, two legal protection mechanisms play a key role: Care mandate and judicial guardianship.
What was once considered an exceptional case is increasingly becoming part of everyday practice. According to the Steunpunt Bewindvoering (Support Centre for Judicial Administration), the number of protected persons in Belgium increases by approximately 10% each year. The total has now exceeded 140,000 individuals. The number of questions and reports related to judicial administration is also on the rise. In 2025, the Support Centre registered 586 questions and reports, representing an increase of 24% compared to the previous year. These figures clearly illustrate how important this topic has become for employees of financial institutions.
Two protection mechanisms, each with its own logic
Although a care mandate and judicial guardianship pursue the same objective, protecting the interests of a vulnerable person, they differ fundamentally in their approach.
With a care mandate an individual decides in advance who may represent them in the future and for which actions. The client's autonomy is central to this arrangement. The terms are established before any loss of legal capacity occurs.
Judicial guardianship, on the other hand, is a protective measure imposed by the justice of the peace. The court determines who will be appointed as administrator and precisely which powers that person will have. The scope of a judicial administration arrangement varies from case to case and is defined in a judicial decision.
For financial institutions, this means they cannot rely on assumptions. Each situation requires a careful review of the documents provided and a correct interpretation of the powers granted therein.
Why this topic is more relevant than ever
The ageing of the population, increasing care needs, and more complex family situations are causing questions about legal representation to arise more frequently at bank counters, during advisory conversations, and within the operational departments of financial institutions.
At the same time, expectations regarding due diligence are increasing. Carrying out a transaction without verifying the appropriate authority can lead to legal, financial, and reputational risks. Employees therefore need not only to understand the differences between a care mandate and judicial guardianship, but also to be able to quickly assess which documents are required and which checks need to be performed.
The growing need for knowledge is also evident in practice. In 2025, no fewer than 900 family administrators took part in training days organised by the Steunpunt Bewindvoering in West Flanders. In addition, more than 200 care professionals attended training programmes in East Flanders. The demand for clear, practical information therefore extends beyond legal professionals and is equally relevant for families, care providers, and financial institutions.
Practical support for the financial sector
It is precisely this need that led to the development of the new E-learning “care mandate and judicial guardianship”, created by the Steunpunt Bewindvoering and Febelfin Academy.
The programme provides employees of financial institutions with practical guidance for handling such cases correctly. Participants learn how to identify care powers of attorney and judicial administration files, which documents need to be verified, how to interpret the scope of granted powers, and when transactions may or may not be carried out.
The E-learning is built around an important reality: employees are not expected to determine which protective measure is most appropriate for a client. That decision rests with the client, their family, a notary, or the justice of the peace. Their responsibility is to carefully assess whether the documents presented are valid and whether the representative is genuinely authorised to perform the requested actions.
By strengthening this knowledge, the programme contributes not only to accurate and compliant service delivery, but also to better cooperation between financial institutions, families, care professionals, and the judicial authorities.
Judicial guardianship as a lever for autonomy
Judicial guardianship is sometimes associated solely with protection and control. In reality, its ultimate objective is much broader: to support people as much as possible so that, despite their vulnerability, they can continue to participate actively in society.
When judicial guardianship provides room for effective, tailored solutions, it strengthens the autonomy of protected individuals, enabling them to remain active and fully engaged members of society.
With this new E-learning, Febelfin Academy and the Steunpunt Bewindvoering seek to equip financial institution employees with the knowledge and confidence to strike the right balance: protecting where necessary, respecting autonomy wherever possible, and always acting on the basis of a sound assessment of the powers granted.
