PERSONAL PROTECTION UNDER ITALIAN CIVIL LAW: THREE STATUTORY MEASURES
Support administration, interdiction and incapacitation safeguard individuals who lack, wholly or partly, the autonomy required for everyday affairs. The appropriate measure depends on the person’s residual capacity and the duration of the impairment.
Support administration: the primary measure
This mechanism protects anyone who, owing to a physical or mental impairment, is unable— even partially or temporarily—to manage personal interests. Since its introduction (Law 6/2004) support administration has become the default remedy, relegating interdiction and incapacitation to residual options used only when support administration proves inadequate. It is employed mainly for elderly persons who can no longer administer their assets for physical reasons.
The court-appointed support administrator cares for the beneficiary and the estate within the powers set out in the decree of appointment. Selection is based solely on the beneficiary’s welfare and may be made in advance by the beneficiary through a notarial deed or an authenticated private writing.
Interdiction: full substitution in ordinary and extraordinary acts
Interdiction protects adults and emancipated minors suffering from habitual mental infirmity so severe that they cannot look after their own affairs. A guardian appointed by the court replaces the interdicted person in every transaction, whether ordinary or extraordinary. Acts carried out by the interdicted person after publication of the judgment may be annulled on application by the guardian, the interdicted person, heirs or assignees.
Incapacitation: assistance in extraordinary transactions
Incapacitation applies to mentally impaired adults whose condition is not grave enough for interdiction. It also protects individuals who, through prodigality or habitual use of alcohol or drugs, expose themselves or their families to serious financial harm. A curator appointed by the court must assist the incapacitated person in extraordinary transactions, while ordinary acts remain validly performed by the person alone. Extraordinary acts carried out without the curator following the judgment of incapacitation, or after appointment of a provisional curator, may likewise be annulled.