Samenvatting

In this article the focus is on conflicts in the legal protection of incapable adults. First a short explanation is given of protection measurements in Dutch family law. Second is discussed in which cases judges appoint or should appoint professional guardians instead of a member of the family of the incapable adult. The central issue in this article is the role of the guardian as an ‘arbiter’ in conflicts. According to his task he cannot be independent, because his primary task is to care for the interests of the incapable person. This may bring him in conflict with other parties involved. Particularly the fact that the guardian himself can be a party in a conflict makes his position and role special. Therefore, some methods of possible strategic interaction from the perspective of the guardian are discussed.