Protective measures: Interdiction (interdizione giudiziale); incapacitation (inabilitazione); supportive administration (amministrazione di sostegno)
Legal Framework: artt. 404 ss. of the Italian Civil Code
Competent Autority: Tribunal (interdiction and incapacitation) and tutelary judge (supportive administration);
Requirements access:
- Interdiction: when the mental illness is of such magnitude that the individual is not able to manage any business at all;
- Incapacitation: if mental illness is not as severe as above, the incapacitation (inabiliatazione) may be chosen;
- Supportive administration: it is more flexible, and can be based also on mere physical weaknesses
Procedure:
Interdiction and incapacitation:
- Eligible Petitioners: The vulnerable person, their spouse, partner, certain relatives, or the public prosecutor can file the claim
- Court Process: The President of the Court appoints a reporting judge and sets a hearing date, which is communicated to the public prosecutor;
- Assessment: The reporting judge gathers relevant information, including examining the individual. A provisional guardian may be appointed if necessary;
- Effectiveness: The decision takes effect when the judgment is published, except for minors, where it takes effect once they reach legal age. After that, they must be registered in the civil registers
- Revocation: The decision can only be revoked by an entitled party, not by the incapacitated individual.
Supportive administation:
- Eligible Petitioners: the same of above
- The intervention of the public prosecutor and a hearing of the individual are required (Article 407 CC);
- The tutelary judge must issue a decision within 60 days from the application date, by decree, which is immediately enforceable (unless the individual is under interdiction or incapacitation, as per Article 405 CC);
- Registration: The decree must be registered in the birth registry;
- Modification: The supervisory judge may modify the decree at any time, even ex officio.