Support measures for persons with disabilities
At Blanco de la Parra Abogados we provide specialised legal advice on support measures for persons with disabilities: de facto care, curatorship, judicial defender, powers of attorney and preventive mandates. We support the person and their family so that the solution adopted respects, above all, their will, wishes and preferences, and is tailored to their actual situation and specific circumstances.
We handle this area of law with a humane and rigorous approach, seeking in every case the least restrictive alternative for the person: many situations can be resolved without going to court, and when court proceedings are necessary, we prepare them with the utmost attention to detail.
We provide this legal advice in Spain, with particular attention to families in Madrid who need to organise personal, financial or judicial support for a relative.
What support measures are
The law governing this area today is Law 8/2021, of 2 June, which reformed civil and procedural legislation for the support of persons with disabilities in the exercise of their legal capacity.
This law brought about a profound change of model. The previous system was based on incapacitation: the person was declared "incapable" and a guardianship was appointed to replace them in almost all their decisions. That model has been replaced by a system of support designed around respect for the person:
- Legal capacity belongs to the person; support makes it possible to exercise it, it does not replace it.
- The support measure is chosen according to what the person needs, not what is convenient for those around them.
- The person's will, wishes and preferences must be respected, and they should be helped to make their own decisions whenever they can.
- The judge intervenes only when necessary; the least restrictive solution prevails over the most burdensome one.
- Measures are reviewable: they can be modified or left without effect if circumstances change.
For families, this change is noticeable in one essential respect: it is no longer about "removing" a relative's capacity, but about helping them to exercise it better, with the legal certainty needed to manage their personal and financial affairs.
The support figures, explained one by one
De facto care
A situation in which one person looks after another who needs it, without any prior formal appointment. It is the natural way to manage the daily life of an elderly relative or one with a disability, and the law recognises and regulates it so that the person providing such care can carry out the ordinary acts and acts of conservation of the person's assets.
Curatorship
This is the main support figure when the person needs help on a stable basis. It can operate in two ways, as determined by the judge: as assistance, where the person always acts with the help of the curator in the acts laid down; or, exceptionally, as representation, when the person cannot make decisions on their own and the curator acts on their behalf. The judge specifies in each case the acts for which support is required.
Judicial defender
A one-off appointment for specific matters: for example, where there is a conflict of interest between the person and their curator, or where a specific matter needs to be addressed urgently. It is a temporary and limited figure.
Preventive powers of attorney and mandates
A document granted by the person themselves, while still in full legal capacity, to designate the person they wish to represent or assist them when the time comes when they can no longer decide for themselves. It is granted before a notary and may set out the instructions, limits and criteria of action the person wishes to establish. It is a highly advisable planning tool before any situation of decline arises.
Self-designated curatorship
The possibility for the person to designate in advance, in a public deed, the person they wish to act as their curator and the rules that curator's action must follow. If a curatorship were ever needed, the judge will establish it in accordance with that declared wish, save for serious circumstances preventing it.
When should you ask for help?
This service is designed for very specific situations, and the sooner you seek advice, the more options for a solution there are:
- Following a diagnosis of Alzheimer's, dementia or other cognitive decline. The moment of diagnosis is the best time to plan: the person can still take part in decisions about their future and express their wishes.
- When an elderly relative can no longer manage their assets. Collecting a pension, paying bills, managing a home or dealing with a claim from a bank requires someone with legal standing to act.
- In the event of progressive decline that the family does not know how to manage. When children or a spouse have been acting de facto for some time and need to regularise their situation with legal certainty.
- Families who want to plan ahead. There is no need to wait for a crisis: granting preventive powers of attorney or a self-designated curatorship is a prudent decision that avoids paperwork and tension in the future.
- Situations of conflict between relatives about who should provide care or manage affairs and how, where an orderly solution set by an independent expert prevents family strain.
If you recognise your situation in any of these descriptions, we recommend seeking advice: every case has its own solution, and the appropriate route depends on the specific circumstances and on the person's wishes.
How the process works
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Initial consultation
We meet with you and, wherever possible, with the person concerned. We listen calmly to the situation and clarify which is the most appropriate route.
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Assessment and recommendation
We analyse the personal, family and financial situation, and propose the specific support measure, explaining the alternatives and the consequences of each. Very often the solution does not require court proceedings.
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Preparing the documentation
If the case can be resolved before a notary (powers of attorney, self-designated curatorship), we assist you in its preparation. If court proceedings are necessary, we draft and file the application with all the relevant reports and evidence.
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Court proceedings (if applicable)
The judge assesses the situation and rules after hearing the person and those around them. We defend the solution that best respects the person's wishes and interests.
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Ongoing support
Once the measure is in place, we remain by your side: we help with the subsequent steps, with rendering accounts where required, and with any reviews or modifications circumstances may call for.
We cannot promise specific timeframes, because they depend on each case and each court; what we do guarantee is serious, rigorous and constant support at every stage.
Making decisions about a relative's situation is a delicate moment, and no one should have to face it alone.
At Blanco de la Parra Abogados we listen to your case, guide you clearly and support you throughout the whole process. Get in touch with us by telephone; we will be delighted to assist you.
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