Abstract

Undoubtedly guardianship is a paid institution and guardians must be remunerated for carrying out their activities. Only in exceptional circumstances, the court may not award compensation and without doubt such circumstance should not include lack of assets of a legal person. Otherwise, in the absence of certainty to obtain compensation the institution of a guardian of a legal person would become a dead one due to the fact that the persons appointed as guardians would not wish to perform those duties. The award of compensation was therefore left to the court's decision, taking into account payment capabilities of a person for whom a guardian has been appointed and the effectiveness of guardianship, but should not depend on the financial situation of a legal person. It can be assumed that, in principle, if there are no assets of a legal person which can be used to cover the remuneration of a guardian, compensation should be paid by the person who requested their appointment; however, if the guardian was appointed ex officio, it should be possible to cover the remuneration from public funds and the payer would be temporarily the State Treasury, i.e. the District Court (registration court) appointing the guardian. The latter should take place in exceptional circumstances when there is a need to act ex officio.