Protective measures: Guardianship and Curatorship
Legal framework: Article 3.238, 3.239 and 3.241(2) of the Civil Code
Competent authority: Courts
Access requirements:
- guardianship: he individual must be fully incapable of managing their personal and/or financial affairs due to mental illness, intellectual disability, or severe cognitive impairment;
- curatorship: The individual must have reduced capacity due to mental illness, intellectual disability, or other impairments that make independent decision-making difficult.
Procedure:
- A court assesses the person’s mental or physical ability to manage their own affairs. The decision is made based on medical evidence and legal arguments.
- The court or guardianship authority selects a guardian or curator based on eligibility criteria. The appointed individual must consent in writing. The guardian or curator must be a natural person with full legal capacity and must provide written consent to take on the role (Article 3.242(3) of the Civil Code).
- The guardian or curator acts as the ex lege representative of the individual, managing their personal and financial affairs. In cases where necessary, an administrator may be appointed to handle financial matters.
- If a guardian or curator fails in their duties, abuses their authority, or is unable to continue, they can be removed by court order (Article 3.246 of the Civil Code). The removal process can be initiated by the public prosecutor, the ward, or the guardianship authorities.