What are support measures and the guardianship
It is essential that you know that Law 8/2021 radically changed the way vulnerable people are protected in Spain. Terms such as «judicial incapacitation» or «adult guardianship» have been completely removed from the Civil Code as they were considered demeaning terms that negated an individual's rights.
The new law no longer «overrides» your relative or turns them into a minor in the eyes of the law. The objective now is to respect their wishes, their preferences, and their dignity to the greatest extent possible. What is being established is a system of Support Measures tailored to the reality of each patient.
The main figure is the Curator (who will normally be you or another close relative). The Curator does not replace the person, but rather «supports» them in going to the bank, making medical decisions, or signing contracts. It is a tailor-made suit: the judge will specify exactly in which concrete matters your relative requires representation and in which they can continue to act for themselves.
What is the process like to be appointed Curator in Seville
We understand that the word «court» commands a great deal of respect, especially when it comes to discussing the health of a family member. In our office, we handle Voluntary Jurisdiction proceedings with extreme sensitivity and discretion in four clear steps:
- Comprehensive Medical Collection: We do not submit a single paper without a solid clinical basis. We work with you to gather all neurological reports, psychiatric assessments, or dependency level resolutions that demonstrate the actual deterioration of your relative.
- The Claim in Court We drafted a very specific request to the Court of First Instance of Seville. We are not asking for a general incapacitation; we detail if representative measures are needed to manage their bank accounts, for health matters, or for the total administration of their estate.
- The Judicial Interview and the Forensic Expert This is the step that is usually most daunting, but we guarantee it's carried out with tremendous sensitivity. The judge, the Public Prosecutor's Office, and the forensic medical examiner will see your relative in person (sometimes travelling to their home or residence) to assess their condition in a humane, respectful, and non-traumatic way.
- The Resolution and Acceptance: The judge issues an order establishing support measures and officially appoints you as Curator. We will accompany you to the court on the day of the «acceptance of the role,» at which point you will receive the document that will open the doors to banks and administrations.
Families we have peace restored
Every family that walks through our door brings a story of love and concern. Here are three real-life examples of how our legal intervention has brought peace back to homes in Seville:
Urgent bank unlock
A daughter came to us because she couldn't afford her mother's carer. Her mother had advanced Alzheimer's. The bank had blocked access to the widow's pension. We initiated the procedure with urgency, achieving full representative guardianship, which allowed her to take financial control and guarantee her mother's uninterrupted care.
The Sale of the Residence
Two siblings needed to sell an old flat belonging to their father, who was severely affected by senile dementia, in order to afford a place in a private medicalised nursing home. The notary refused to finalise the deed. We processed the curatorship and, immediately afterwards, applied for a «Judicial Authorisation for Sale», demonstrating to the judge that the money from this transaction was intended in full and exclusively for the elderly man's well-being. The sale was successfully signed.
Protection of an adult child
The parents of a young man with an intellectual disability (75%) were very concerned because their son had just turned 18. They feared that third parties might take financial advantage of him. We put in place personalised support measures to ensure the young man could maintain his independence in daily life, whilst requiring the joint signature of his parents (guardians) for complex matters such as signing employment contracts or taking out loans.
Types of Guardianship: What level of help does your relative need?
| Legal entity | Level of Support | Practical Application Example |
|---|---|---|
| Welfare Guardianship | Point-based support and accompaniment. The person signs and decides for themselves, but needs the curator's supervision and approval. | A person with a mild intellectual disability who works and manages their money, but needs your signature to apply for credit or buy a car. |
| Representative guardianship | Substitution in decision-making. The curator signs on behalf of the vulnerable person because they can no longer understand reality. | A father in the advanced stages of Alzheimer's. You manage his pension, sign his admission into a care home and pay his bills on his behalf. |
| Guarde de Hecho | Informal measure. The person who cares for the individual handles daily matters without the need for prior judicial appointment. | A relative living with the elderly person who manages their pension without any issues, only requiring occasional authorisation from the court to sell large assets. |
| Judicial Defender | Interim and temporary support appointed by a judge. | It is used during the appointment process of the guardian, or if there is a specific conflict of interest between the guardian and the vulnerable person. |
