Different measures for different needs
The law followed a Constitutional Court decision finding the previous civil-code provision unconstitutional. Its stated purpose includes respect for dignity, rights, will and preferences. Assistance for legal acts offers a route involving a notary; judicial counselling and special guardianship involve courts and individual assessment. The measures have different effects on how a person exercises rights. Because special guardianship remains part of the framework, the reform should not be described as abolishing every form of guardianship or guaranteeing that substitute decision-making has disappeared from practice. [1]
Accessible information makes rights usable
The Centre for Legal Resources, CRJ, published a guide dated January 2023 under its Liber să decid project. It explains the reform in accessible language and follows a person through the review process, including the hearing, the role of a trusted supporter and possible procedural accommodations. Its examples connect legal decisions to ordinary questions about where someone lives, what they buy and whom they meet. Making these steps understandable is particularly relevant when the people affected have previously had decisions taken on their behalf. [2][3]
Existing orders required a new examination
Law 140/2022 gave courts three years from commencement to review existing interdiction measures on their own initiative. It also expressly states that expiry of that period does not remove the duty to continue reviewing outstanding cases. The January 2023 CRJ guide explains that people can also request re-examination. The three-year period reached its end in August 2025; that deadline alone does not establish that every case was completed. What matters in an individual case is the court’s decision and the legal support arrangement that follows. [1][2]
Support must preserve the person’s own choices
CRJ’s project describes supported decision-making as a way to strengthen the ability of people with disabilities to exercise their rights. Its guide presents a supporter who explains documents and consequences and takes account of the person’s wishes. The law also places duties on guardians to respect will and preferences and to communicate in an appropriate way. This is support in making and expressing legal decisions, distinct from personal assistance with everyday activities. The reform’s significance lies in bringing individual wishes and differentiated support into procedures that directly affect autonomy. [3][2][1]