Professional indemnity insurance (BAV) for a mentor
A mentor takes part in decisions about the care of someone who can no longer take them. That authority is laid down in law, and so is the liability that goes with it.
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In brief
The word mentor covers two very different practices, and that difference has to be on your policy. The first is statutory mentorship under Title 20 of Book 1 of the Dutch Civil Code: you are appointed by the subdistrict court and represent someone in decisions about care, nursing, treatment and support. Money and property specifically do not belong there. That is the territory of administration of assets (bewind). The second is the mentor who supports young people, students or people starting a business. Anyone who does the first but insures the second finds out only when a claim arrives.
In statutory mentorship your liability runs through Article 1:454 of the Dutch Civil Code: you are liable to the person concerned if you fall short of the care of a good mentor, unless the failure cannot be attributed to you. In concrete terms it goes wrong when you agree to a far-reaching treatment without involving the person concerned or finding out his earlier wishes, when you fail to challenge care that is demonstrably below standard, and where a caseload is so large that you see people too little to be able to decide. The subdistrict court also supervises and assesses your annual report.
The claim often comes not from the person concerned but from family members, and then through the tort provision in Article 6:162 of the Dutch Civil Code. So check whether your policy covers claims by people other than your client. Professional mentors are also subject to quality requirements concerning training, business operations and accountability; check which of those apply to your situation. If you mainly support young people or business owners and organise that with several mentors, look at the mentoring agency.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
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What to look out for
Four points that determine whether your policy matches the mentorship you actually carry out.
Have your role described word for word
A policy for coaching or support does not cover statutory representation. Have it included on the policy schedule that you act as a mentor appointed by the court, and report it if you also act as an administrator or guardian. If you carry out several roles alongside each other, the question when a claim arises is always in which capacity you were acting when the mistake was made.
Involve the person concerned, even where they lack capacity
The law requires you to involve the person concerned in decisions as far as possible and to promote their independence. So record what you discussed with him, which earlier wishes are known and why you came to a decision. A decision that appears in a care record with no traceable reasoning cannot be defended afterwards.
The boundary with financial decisions
Terminating a tenancy agreement, paying bills or managing an account belongs with administration of assets, not with mentorship. If you nonetheless act there and detriment arises, the question is not only one of liability but also whether that still fell within your insured capacity. Refer the matter to the administrator and record the division of duties in writing.
What falls outside the policy
Excluded are, among others: intent and wilful recklessness (Article 7:952 of the Dutch Civil Code), including causing detriment to the person concerned; fines and penalty payments; refunding your own remuneration after a dispute about your invoice; and injury or property damage, for instance during transport or a visit, which belongs on a public and employers' liability insurance belongs.
What does your premium depend on?
- Number of cases: in mentorship the caseload weighs more heavily than turnover
- Type of mentorship: statutory representation or supportive mentoring
- Combination with administration or guardianship: several professional capacities call for a broader description
- Target group: dementia, learning disability and psychiatry each carry their own risks
- Sum insured per claim: set by the consequences of a wrong care decision
- Run-off period: family often raise objections only after a death or a handover
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| You give up the place in day care without consultation and the person concerned can only return a year later | No | Yes |
| You sign for a move to a secure ward without looking up the wish recorded earlier | No | Provided that |
| Care remains below standard for months while you do nothing and the person concerned develops pressure sores | No | Provided that |
| During a home visit you knock the person's glasses off the bedside table and step on them | Yes | No |
| The subdistrict court dismisses you as mentor because your annual report was late | No | No |
| The hours you spend putting a file right after a complaint from the family | No | No |
A measure imposed by the subdistrict court affects you personally. Only once someone else suffers detriment does a policy come into the picture.
Frequently asked questions
This is what people ask us most.
The family accuse me of having agreed to a treatment.
The assessment is whether you acted as a good mentor: did you obtain information from the treating clinician, involve the person concerned as far as he was able, and take his earlier wishes into account? Family members have no right of veto, but their objection can lead to a claim. Report it to your insurer, supply your notes and admit no liability.
I am both mentor and administrator for the same person. Is that one policy?
It can be, but only if both professional capacities are on the policy schedule. The risks differ: administration is about managing assets and accounting to the subdistrict court, mentorship about care decisions. Insurers assess them differently. Have them combined and check whether the cover has the same amount per claim for both roles.
Is it not the subdistrict court that supervises?
Yes, and that supervision is separate from liability. The court can dismiss you or ask for an explanation of your annual report; compensation for the person concerned or his heirs runs through civil law. Approval of your report therefore does not rule out a later claim. Keep your file after the mentorship has ended as well.
I mentor young people at a school. Does this apply to me too?
Partly. You are then not a statutory representative, so Article 1:454 of the Dutch Civil Code does not apply. Your risk shifts to advice and spotting the signs: a referral that did not happen or information that reached the wrong person. Have your activities described so that it is clear which form of mentoring you carry out, because the premium and the underwriting differ considerably.
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