Protective measures: a) judicial curatorship (curatela); b) informal support (guarda de echo); c) voluntary measures
Legal framework: Spanish Civil Code, artt. 249–282
Competent authority:
- Notaries: For formal voluntary support measures (via public deed).
- Judicial Authority: Courts handle informal support measures (guarda de hecho) and judicial curatorship (curatela)
Access requirements:
- Voluntary Measures: Available for any person who anticipates needing support due to potential disabilities. Formalized via a public deed by a notary.
- Informal Support: De facto carers can assume care without formal measures, and the arrangement is automatically recognized unless judicial intervention is required.
- Judicial curatorship: Available when informal or voluntary measures are not in place or adequate. Initiated by the person with disabilities, their family members, or the public prosecutor.
Procedure:
- Voluntary Measures: Initiated by the person with disabilities via a notarial deed. A notary evaluates the individual’s understanding of the support measures;
- Informal Support (Guarda de Hecho): Automatically established when a person assumes care without legal duties. Can be accredited via a notarial act and is subject to judicial oversight;
- Judicial Curatorship: Can be established through a non-contentious procedure or contentious procedure if there is opposition. The judge determines the scope of support, ensuring it respects the individual’s autonomy. Periodic reviews are conducted.