Onder 3.4 Parket bij de Hoge Raad 30 juni 2017

38. Two of the key principles in recent reforms of this branch of the law are the principles of necessity and subsidiarity. They are also known as the principle of minimum necessary intervention. They imply, first of all, that no measure of protection should be established unless it is necessary, taking into account the circumstances of the particular case. Secondly, in deciding whether a measure is necessary, account should be taken of any less formal arrangements which might be made or used, and of any assistance which might be provided by family members, public authorities or other means. The latter is the principle known as "subsidiarity": a response by means of legal measures should be subsidiary to a response by means of the use of informal arrangements or the provision of assistance. Any legislation addressing the problem of incapable adults should give a prominent place to these principles. The necessity principle would not, however, prevent a measure which is not strictly necessary from being taken with the adult's consent if it is ascertained that he or she has sufficient capacity to give such consent. For instance, it is possible that a measure of protection is established in order to provide for any subsequent incapacity (for example, a person suffering from Alzheimer's disease in its preliminary stages).

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