Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
A mentor decides about care, nursing, treatment and support, and it is precisely those decisions that are hard to express in money afterwards.
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That is where mentorship differs from protective administration. An administrator (bewindvoerder) manages assets; a mistake there can be traced to an amount. Mentorship is about the person: a move to an institution, consent to treatment, or the absence of it. The loss is often non-material, and the complaint rarely comes from the person concerned but from family or through the sub-district court.
Even so, the financial side is real. You account for your work periodically, and proceedings about how you perform your role cost time, legal assistance and sometimes your appointment. Professional indemnity insurance covers the pure financial loss resulting from a professional error and, depending on the policy, the cost of defence. Ask expressly about the latter, because in this work it is the element you need most often.
Outside the cover: intent under Article 7:952 of the Dutch Civil Code, fines and measures imposed, asset management if you are only a mentor, and damage the person concerned causes to third parties. The latter is their own liability, not yours.
We compare your personal liability insurance (AVP) across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
Personal liability insurance (AVP)
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Get coveredThe structure of the cover in three parts, with an overview per situation below.
AVB for property damage and injury, BAV for professional errors.
Business contents, goods and lost turnover during downtime.
Sickness absence, accidents and the traffic risk.
What is covered
| Situation | AVB | BAV | Cyber |
|---|---|---|---|
| Injury to a visitor or customer | Yes | No | No |
| Damage to a client's property | Sometimes | No | No |
| Financial loss caused by an advisory or calculation error | No | Yes | No |
| Downtime after a ransomware attack | No | No | Yes |
| Data breach involving personal data | No | Sometimes | Yes |
| Damage to property in your care | No | No | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Insurers weigh these details differently. That is where your saving is.
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Four points that make the difference between a policy that pays out and one that does not.
A decision about admission, treatment or where someone lives sometimes turns out badly without you having done anything wrong. What is assessed is whether you acted in the interests of the person concerned, whether you involved them in the decision as far as they were able, and whether you consulted care providers. Record who you spoke to, what the options were and why you chose as you did. Without those notes a good decision cannot be distinguished from a bad one.
Mentorship concerns the person, administration concerns the assets. If you nevertheless arrange payments, terminate a contract or sell something, you act outside your authority and outside the capacity described on your policy. If loss arises there, the cover is uncertain. If you perform both roles for the same person, have both capacities included on the policy schedule; that does not happen automatically with a dual appointment.
You give consent to treatment on behalf of the person concerned. If they object, or if the care is involuntary, separate statutory safeguards apply and your agreement carries considerable weight. Note for each decision the date, the care provider, the alternative discussed and the reaction of the person concerned. That is not only careful practice; it is also the material with which you defend yourself when the family would have wanted a different choice.
Children who disagree with a move, a brother who thinks action came too late: that is what happens. Such conflicts run through the sub-district court, which reviews your account of your work and can dismiss you. A liability claim sometimes follows. So look above all at what your policy provides for defence costs, and keep a record of contacts with the family as you do of care decisions.
This is what people ask us most.
About care, nursing, treatment and support: where someone lives, what care they receive, whether a procedure goes ahead. Not about money and possessions; that is the territory of the administrator or the guardian. If you do act in financial matters, that is outside your authority and outside your policy. If you are in doubt about the boundary, consult the sub-district court before you act.
Only if both capacities are on the policy schedule. Insurers cover what the description states, and a policy for mentorship does not cover asset management. Ask for both roles to be mentioned expressly and watch the sum insured: the risk in administration is financially measurable and often greater than the loss resulting from a care decision.
No. You represent them in decisions about care. You are not their supervisor in daily life. If they cause damage to someone else, that is their own liability and it runs through their own liability insurance, if they have one. That only changes if you yourself failed in a duty of care that clearly formed part of your role.
Those are proceedings about how you perform your role, not a claim for damages. A dismissal is therefore not something an insurer pays out for. What can be arranged is the cost of legal assistance in those proceedings, through a module on professional indemnity insurance or through legal expenses cover. Ask before taking out the policy how it deals with this and up to what amount.
Every situation is different. For these situations we have a separate page.
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Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.
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