Protective measures: a) voluntary: mandate for accompaniment” (mandato com vista acompanhamento); b) judicial: accompanied adult (acompanhamento).
Legal framework: Portuguese Civil Code (PCC), artt. 138 ss;
Competent authority: Courts;
Access requirements:
The accompanying measures can be requested by:
- The vulnerable adult themselves.
- Close family members (spouse, de facto partner, or heirs).
- The Public Prosecutor (without the person’s consent, if necessary).
- Measures are only imposed if the vulnerable adult cannot be adequately supported through general cooperation and assistance duties (Article 140, PCC).
Procedure:
- Initiation: A request is filed by the person in need, their relatives, or the Public Prosecutor;
- Judicial Decision: The court assesses the case based on evidence and personal hearings (Article 139, PCC);
- Scope of Measures: Defined based on necessity, covering areas like legal representation, financial management, or requiring prior authorization for significant acts (Article 145, PCC);
- Legal Capacity: The default assumption is full legal capacity, with limitations imposed only where necessary (Article 147, PCC);
- Review: The court must review the measures at least every five years (Article 155, PCC);
- The court must take into account a previous mandate for accompaniment.