STRØBYE AND ROSENLIND v. DENMARK JUDGMENT (3) A guardianship order can be restricted to financial matters, including specific assets or affairs. Such an order can also be restricted to personal matters, including specific personal affairs. (4) Unless otherwise specifically provided, the guardian shall act on behalf of the relevant person in respect of affairs covered by the guardianship order. (5) Persons subject to guardianship under this provision are legally competent, unless deprived of their legal capacity under section 6.” Accordingly, section 5 of the Guardianship Act allowed for individual guardianship arrangements adapted to individual needs. Persons subject to guardianship under section 5 of the Act could enter into legal transactions on their own, and they had the right to vote in general elections 52. At the relevant time, section 6 of the Guardianship Act was worded as follows: Section 6 “(1) Persons subject to guardianship over their financial affairs under section 5 can be deprived of their legal capacity, if necessary, to prevent them from exposing their assets, income or other financial interests to the risk of a major loss, or to prevent financial exploitation. The deprivation of a person’s legal capacity cannot be restricted to particular assets or affairs. (2) A person deprived of his or her legal capacity is legally incompetent and does not have the right to enter into legal transactions or to manage his or her assets, unless otherwise provided. (3) Legal incapacitation orders must be registered (see section 48 of the Registration of Property Act).” 53. Under section 8 of the Guardianship Act, a guardianship order must be granted on the basis of the principle of implementing the least intrusive measure. One implication is that a person cannot be deprived of his or her legal capacity under section 6 if it is possible to safeguard his or her interests to a sufficient extent through guardianship under section 5. 54. From the preparatory notes to the Act, it appeared that it was based on Report No. 1247/1993 on Guardianship issued by the Committee of the Ministry of Justice on the Act on Legal Competence (Myndighedslovudvalget). The report read, in its relevant part, as follows: “9.2.2. For the purpose of the Committee’s considerations of concepts and terminology, it was particularly relevant to assess the wording of the Constitution. It is irrelevant whether a person is only declared legally incompetent to manage his or her financial affairs (see section 2 of the current Act on Legal Competence) or also declared legally incompetent to manage his or her personal affairs, see section 46. A declaration of legal incompetence relied upon as grounds for exclusion from the right to vote in pursuance of section 29 of the Constitution is based on the assumption, as is also the condition of having attained the age of majority, that a certain level of mental skills is a prerequisite for suffrage. According to the preparatory notes, it must be assumed that it is the restriction on a person’s right to manage his or her assets (when declared legally incompetent) that gave rise to combining a declaration of legal incompetence with disenfranchisement. It must also be taken into account that the 14