DISQUALIFICATION, INCAPACITATION AND SUPPORT ADMINISTRATION

Institutions of civil law that have the purpose of protecting those who are deprived (totally or only in part) of the autonomy necessary for the performance of normal daily activities.

The conditions for the three types of protection vary according to the personal circumstances of the person to be protected.

ADMINISTRATION OF SUPPORT

The primary function of this institute is the protection of those who, because of a physical or psychic infirmity or impairment, are unable, even partially or temporarily, to provide for their own interests.

With its introduction, the support administration has become the priority protection measure for the protection of those without autonomy, relegating interdiction and incapacitation to the role of residual solutions applicable only where the former is not adequate.

It’s mostly used for the protection of the elderly, when, just because of physical problems, they can no longer manage the administration of their assets.

The appointed supporting administrator will take care of the beneficiary and his assets within the powers conferred on him by the decree of appointment.

The choice of the support administrator shall be made exclusively with regard to the care and interests of the person of the beneficiary, who may also appoint his or her manager in person, in anticipation of his or her future incapacity, by public deed or notarized private writing.

INTERDITCION

The prohibition of the person is provided for the protection of the adult and the emancipated minor, who are living in conditions of habitual insanity, conditions such as to make them incapable of providing for their own interests.

A guardian, appointed by the court, will replace him in the completion of all acts, both ordinary and extraordinary administration.

Therefore, any acts performed by the interdict after the publication of the interdiction judgment may be annulled at the request of the guardian, the interdict, his heirs or successors.

INCAPACITATION

Incapacitation is, however, provided for the protection of the majority of the infirm, whose condition is not so serious as to give rise to the prohibition.

It also aims to protect those who, by their generosity or habitual use of alcohol or drugs, expose themselves or their family to serious economic harm.

A deputy, appointed by the court, will have the task of assisting the incapacitated person in acts of extraordinary administration, while those defined as routine will continue to be validly implemented by the incapacitated person alone.

In this case too, acts of extraordinary administration which may be performed by the incapacitated person after the publication of the judgment of incapacitation or after the appointment of the provisional administrator may be cancelled.

Advice and assistance in all the delicate preparatory activities in the procedures of interdiction, incapacitation and administration of support.

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