LUXEMBOURG Law and Practice Contributed by: Frédéric Feyten, Alejandro Dominguez Becerra, Gérard Maîtrejean and Pawel Hermeliński, CMS
8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms Luxembourg does not have a specific planning mech - anisms for minors or adults with disabilities. 8.2 Appointment of a Guardian The appointment of a guardian, curator, or similar per - son requires legal proceedings and ongoing supervi - sion by the court. For the interested parties and their entourage, these schemes are both a protection against malicious third parties and a means of expression in the face of administrative and financial requirements. Requests for protection should be addressed to the guardianship judge. They can notably emanate from hospitals, care and retirement homes. The guardianship judge must have a certificate from a specialist doctor before being able to issue a protective regime. It shall hear the person concerned and may order a social investigation. The judge normally gives preference to a family mem - ber, available and reliable, to perform the functions of curator or tutor. Failing this, the judge may appoint an independent third party, eg, a lawyer or a specialised association. 8.3 Elder Law In specific circumstances, elderly individuals may qualify for support under the Social Inclusion Act, which ensures a basic standard of living for those whose pensions or other sources of income are inad - equate. Furthermore, anyone in need may approach the social services department in their local municipal - ity. The responsibilities of this department include tak - ing all appropriate measures to provide social services and financial aid, arranging for supervision by the guardianship judge where applicable, and address - ing the risks associated with illness, disability, and old age for those who are not insured.
• persons born in Luxembourg who are over 12 years of age; • adults who have completed seven years of school - ing in Luxembourg; • adults who have been legally resident in Luxem - bourg for at least 20 years; • for adults who have fulfilled the obligations arising from the “ • Contrat d’accueil et d’intégration ” (“Welcome and Integration Contract”); • for adults who settled in Luxembourg before the age of 18; • for stateless adults, or adults with refugee or sub - sidiary protection status; or • for volunteer soldiers. In addition to the condition of good repute, each situ - ation listed above must meet specific prerequisites for obtaining this naturalisation. For example, the option is open to adults whose a parent, adoptive parent or grandparent is or was a Luxembourg national when: • the parent or adoptive parent possesses or pos - sessed Luxembourg nationality and this nationality has not been attributed to them; or • the grandparent has or had Luxembourg nationality and this nationality has not been attributed to the parent. Citizenship “By Recovery” Luxembourg nationality can still be obtained by recov - ery. It is open to any adult who has lost their Luxembourg nationality. All the rights and duties attached to Lux - embourg nationality will be attributed to this person following the recovery. The hypotheses are nevertheless limited and recov - ery always requires compliance with the condition of good repute.
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