Curatorship


Curatela is the name of the legal institution that has been created with the purpose of providing protection to all those disabled individuals or minors, offering them help and representation in all those legal acts or businesses that they cannot carry out by themselves. Guardianship is a benefit that can be adopted by both disabled people and minors who require the presence of a guardian or caregiver to carry out their activities of daily living.

The conservatorship is established after the competent legal and judicial authorities assess the particular situation and decide to choose a qualified person for this function. In some cases, the role of caregiver can be filled by one of the two parents (in the event that the other has died or is unable to fulfill that task), as well as by people specially trained and designated for such a position.

In the area of ​​justice, there are some people who do not consider themselves capable or fully developed to perform certain actions or activities. Among them we find, on the one hand, children and adolescents and, on the other, those who suffer from some type of disability (they may be of legal age). Curatorship is a legal figure that is established then, to facilitate the development of these people and avoid facing situations that they could not solve normally by their own means.

Through the curatorship, the curator must intervene in those legal acts that the subject cannot carry out by himself. If one of these acts is carried out without the intervention of the curator, it can be annulled.

In other words, conservatorship is the legal representation of a person with a mental disability. Its function is to help, preserving the health of those assisted and preventing damage to their assets.

The conservatorship can be initiated by the parents, children, spouse or other relatives of the incapacitated person. In the absence of them, the process can be requested by the prosecutor.

It is important to note that when a person reaches the age of majority, their parents no longer have custody of their offspring and therefore can no longer legally represent them. If the disabled person does not have a conservatorship, he is unprotected.