Currently, we have a specific judicial process to protect people with disabilities. This protection focuses, above all, on the patrimonial or personal areas of this person. The objective of adopting these measures by judicial means is, above all, that the will of this person is respected and that there is no abuse or negative influences in decision making concerning these areas.
This type of process, which is regulated in the Law of Voluntary Jurisdiction, can be initiated by spouses (not separated in fact or in law), ascendants, descendants or siblings, for example. Therefore, if we find that our father or mother has a disability and has difficulties to make decisions in the patrimonial area, by judicial means we can request the adoption of a series of measures that support the decision making in these areas.
The protective measure we propose has to be adjusted to the situation in which the person finds himself/herself. Example: if a person requires the supervision of another person for all the basic activities of daily living, to be represented in the area of health, in the economic area, etc., the appropriate measure is the legal assistance to the disabled person, so that he/she can be accompanied, supervised and represented in all areas of his/her life.
In order to assess whether or not the measure we are proposing is appropriate, we will have to present medical documents that accredit the degree of disability of the person, as well as other documents that we consider necessary (relevant medical reports).
One of the most frequent support measures for people with disabilities is the appointment of a person as legal assistant to the disabled person. This person must be suitable, and those surrounding the person with a disability must agree to this appointment.
How does this process work? Once the lawsuit has been filed in accordance with the request for these or other measures, the person with a disability will be interviewed by the Public Prosecutor’s Office. This will assess the degree of affectation and whether or not the adoption of these measures is appropriate. This interview is done electronically.
Subsequently, there will be an appearance in which the lawyers will expose the reasons why these measures proceed, and also, the Judge will listen to the family of the person with disability. Why does he want to listen to them? To certify that the person who is appointed as legal assistant of the person with disability, is suitable for their care. This type of judicial process is a great step forward and promotes equality, respect and protection for groups that require it.
Anna Nicolàs Torán
Lawyer Expert in Family Law
M&CAbogados
