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Parental Responsibility and Guardianship

You are concerned because a loved one (a child or a parent) is vulnerable and you need the legal tools to protect them.

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Two situations, the same anguish: the need to protect

We know the helplessness you feel when you see the risk and can't act. Your case is one of these two critical scenarios:

1. Protection of a minor (Parental authority)

  • Is your ex-partner seriously failing in their duties (abandonment, addiction, mistreatment)?

  • Are you worried about your child's physical or emotional safety when they are with him/her?

  • Do you need to make important medical or educational decisions and the other parent refuses or cannot be located?

2. Protection of a vulnerable adult (Guardianship)

  • Is your parent (with Alzheimer's, dementia) signing contracts, making donations, or being scammed?

  • Does an adult child with a severe disability need a legal guardian to manage their life?

  • Do you need to access your accounts to pay for your residence or care, but the bank is preventing you from doing so?

The greatest risk is paralysis. Failing to act in time can have irreversible consequences for your child's safety or your family member's assets.

Request protection Judicial that you need

The law is designed to protect the most vulnerable. Our aim is to achieve the legal authority you need to care for your loved ones.

we help you request the deprivation of parental responsibility of the negligent parent, or to request Guardianship (formerly «incapacitation» or «guardianship») to be the legal representative of your adult relative.

SituationDoing nothing (Risk)Act as a Lawyer (Protection)
Child at RiskThe child remains exposed to neglect. The irresponsible parent retains all their rights.A judge can deprive you of parental responsibility (in full or in part) and leave you as the sole decision-maker.
Vulnerable adultRisk of scams, abuse, medical malpractice, and total loss of family wealth.A judge appoints you as Curator, giving you power to manage their bank accounts, health, and assets.
ControlHelplessness. You see the problem, but bureaucracy (banks, doctors) prevents you from acting.You regain control. You have a court order authorising you to protect your loved one.
We know it's a difficult decision to make, but inaction is the worst risk. If a loved one is vulnerable, you need the legal tools to defend them.

Why trust FA Lawyers for such a delicate case

We understand the seriousness of these processes. There are no more serious cases. We handle your situation with the utmost confidentiality, empathy, and technical rigour.

  • Directed by Antonio Fernández Álvarez and Elena Pulido, chartered family lawyers.

  • Specialists in processes of Deprivation of parental rights for serious causes (abandonment, neglect, mistreatment).

  • Experts updated to Law 8/2021request for Guardianship and disability support measures.

  • Defence of the Best Interests of the Child and the Dignity of the Vulnerable Adult.

  • Judicial authorisation for the sale of property belonging to minors or persons with disabilities.

  • Initial consultation to assess such a delicate case with complete confidentiality.

Our process Legal protection steps

These processes require rigour and sensitivity. We will guide you step by step:

  1. Confidential consultation and analysis We study your case (be it parental authority or guardianship). We gather all the evidence (medical reports, complaints, witnesses, etc.).

  2. Filing of the lawsuit We drafted and filed the lawsuit in court, requesting the deprivation of parental authority or the appointment of a guardian.

  3. Urgent measures (if necessary): If there is an imminent risk (e.g. bank scam), we request interim measures from the judge to block the situation.

  4. Trial and sentencing We defend you in court (with the involvement of the Public Prosecutor's Office, which is mandatory in these cases) to obtain the judgment that legally protects your relative.

Case studies (protecting what matters most)

Loss of Parental Rights due to abandonment

  • Problem. Mother requesting deprivation of parental rights of the father due to total abandonment of the minor and serious addiction issues.

  • Solution A lawsuit was filed, providing evidence of serious and repeated breaches of duty, demonstrating the risk to the minor.

  • Result: Favourable ruling: total deprivation of parental authority to the father and attribution of exclusive parental authority to our client.

Appointment of Guardianship for mother with Alzheimer's

  • Problem. Children who needed a guardianship order for their mother with Alzheimer's. A third party (carer) was emptying her accounts.

  • Solution An urgent application for support measures (guardianship) was filed with a request for interim measures to block the accounts.

  • Result: Appointment of children as guardians and blocking of accounts, protecting the mother's entire estate.

Frequently Asked Questions about Parental Authority and Guardianship

What is parental authority and when can it be lost?

It is the set of rights and duties concerning minor children. It is only lost for very serious proven reasons: abuse, neglect, addiction, or a total failure to fulfil obligations.

The law has changed: What is ‘Curatorship’ (formerly guardianship or incapacitation)?

‘Judicial incapacitation’ no longer exists. A ‘curatela’ is the new support measure for an adult who cannot make decisions (due to dementia, etc.), appointing a 'curador' (a family member) to assist or represent them.

How can I protect my father with Alzheimer's from scams?

You must initiate a ‘support measures’ (guardianship) procedure so that a judge can appoint you (or another family member) as guardian to legally manage their health and money.

Can I sell my mother's flat (under guardianship) to pay for her residential care?

Not directly. Once appointed as curator, they need specific ‘court authorisation’ from the judge to sell real estate. We help with both procedures.


Abogados expertos en patria potestad y curatela FA Abogados

FA Lawyers

+34 604 154 580
Av. Ricardo Soriano, 22, Pl. 3, Oficina 2, Málaga

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Av. de la República Argentina, 37A, 2nd floor
41011 Seville
Spain