Currently, we have a specific legal process in place to protect people with disabilities. This protection focuses primarily on the financial and personal affairs of these individuals. The primary goal of taking these legal measures is to ensure that the individual’s wishes are respected and to prevent abuse or undue influence in decision-making regarding these matters.
These types of proceedings, which are governed by the Voluntary Jurisdiction Act, may be initiated by spouses (who are not separated in fact or by law), ascendants, descendants, or siblings, for example. Therefore, if we find that our father or mother has a disability and has difficulty making decisions regarding their estate, we can file a petition in court to request that a series of measures be adopted to support decision-making in these areas.
The protective measure we propose must be tailored to the person’s specific situation. For example: if a person requires supervision from another individual for all basic activities of daily living, and needs representation in health-care and financial matters, etc., the appropriate measure is legal guardianship for the incapacitated person, so that they may be accompanied, supervised, and represented in all areas of their life.
To determine whether the measure we are proposing is appropriate, we must submit medical documents attesting to the person’s degree of disability, as well as any other documents we deem necessary (relevant medical reports).
One of the most common measures to support people with disabilities is the appointment of a person to serve as a legal representative for the person with a disability. This person must be qualified, and those close to the person with a disability must agree to this appointment.
How does this process work? Once the complaint has been filed and we have requested these or other measures, the Public Prosecutor’s Office will conduct an interview with the person with a disability. This interview will be used to assess the extent of their disability and determine whether these measures should be implemented. This interview is conducted electronically.
Subsequently, a hearing will be held during which we, the attorneys, will present the reasons why these measures are warranted, and the judge will also hear from the family of the person with a disability. Why does the judge want to hear from them? To verify that the person appointed as the legal guardian of the person with a disability is suitable to care for them. These types of legal proceedings represent a major step forward and promote equality, respect, and protection for groups that need it.
Anna Nicolàs Torán
Attorney Specializing in Family Law
MC Abogados
