Interdiction, Incapacitation And Guardianship Under Maltese Law

The notions of “interdiction” and “incapacitation” are governed by Article 189 of the Civil Code¹ and Articles 520-527 of the Code of Organisation and Civil Procedure (“COCP”)²

Individuals over the age of majority i.e. 18 years old who suffer from a mental disorder or other condition that renders them unable to manage their own affairs, or who are deemed insane or prodigal, may be declared interdicted or incapacitated through a court order. This follows a request made by any of the individuals specified in Article 521 of the COCP, which effectively restricts the individual in questions from carrying out certain actions.

For the purpose of these provisions, the term “mental disorder” is defined as stated in the Mental Health Act.³ It refers to a “significant mental or behavioural dysfunction, characterized by signs and/or symptoms that indicate a disruption of mental functioning”. This includes disturbances in areas such as thought, mood, volition, perception,