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Praktické důsledky omezení svéprávnosti z pohledu veřejných opatrovníků / Practical Implications of Restrictions on Legal Capacity in Terms of Public Guardians

This diploma thesis provides an insight into the issue of public guardianship in the Czech Republic from the point of view of public guardians, who in practice have to face a lot of problems in connection with the new legislation. The work is divided into several parts. The theoretical part consists of nine subchapters which define the basic concepts used in guardianship, mentioned in the Act No. 89/2012 Coll., The Civil Code, which deal with the basic principles and history of guardianship, the development of legal regulation of the guardianship institute and the legislative framework of guardianship. It also provides more detailed information on the Institute of Limitation of Authenticity and Guardianship, a public guardian, and the last subchapter focuses on enumerating the mental disorders that a public guardian may encounter with their clients. The empirical part defines objectives, methods of research and own results, which are illustrated and described in tables, discussion and in the final summary. The main objective of the work was to map the activities of public guardians in relation to persons with limited authority, the partial aims were to find out how the public guardians were looking at legislative changes in the area of limiting the authority and to identify the risk areas associated with the limitation of the authority. These research objectives have been addressed: In what areas are the public guardians working in relation to persons with limited authority? What experience does a public guardian have with the absence of information on the limitation of the person's authenticity in the ID? What are the precautionary measures in relation to persons with limited authority from the point of view of public guardians? The diploma thesis was processed by the method of qualitative research using the semi-structured interview technique and the open coding method was used to evaluate the data. The research group consisted of seven social workers who work on municipalities in the South Bohemian Region and act as a public guardian. The research survey highlighted the complexity, importance and necessity of the work of the public guardian and the problems associated with it, where there is a lack of specific legislation and a more detailed methodology in this area. The research also shows that public guardians do not always have good experience with the new legislation, especially the lack of evidence of the limitation of the authenticity of the caretaker's identity card is a problem in practice, and the new institute of supportive measures is not used too much. This diploma thesis could serve as a comprehensive information material for the general public as well as for the members of the public caregiver in the municipalities.

Identiferoai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:376636
Date January 2018
CreatorsANDĚLOVÁ, Miroslava
Source SetsCzech ETDs
LanguageCzech
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/masterThesis
Rightsinfo:eu-repo/semantics/restrictedAccess

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