People with disabilities will decide with support, not guardianship

Automatic summary, not yet reviewed

1. The law adapts Spanish legislation to the UN Convention on the Rights of Persons with Disabilities. It replaces a system of substituted decision-making with one based on respecting the will and preferences of the person.
2. Disability guardianship declarations disappear. Court proceedings can only determine which acts a person needs support for, never declare them incapable or strip them of rights.
3. The Civil Code creates a new system of support measures: voluntary ones (preventive powers of attorney and self-appointed curatorship), de facto guardianship, curatorship and judicial defender. Curatorship will mainly be assistive and only exceptionally representative.
4. Court-ordered support measures must be reviewed periodically within a maximum of three years, or exceptionally up to six, and also whenever the person's situation changes.
5. Extended or rehabilitated parental authority and guardianship are eliminated for adults with disabilities. When they turn 18, they will receive support the same way as any adult who needs it.
6. Civil court proceedings add adjustments for people with disabilities: plain language, interpreters, facilitators and a companion of their choice. A professional expert may act as a facilitator if the person wishes, at their own expense.
7. Voluntary and judicial support measures are recorded in the Civil Registry with restricted public access, to protect the privacy and personal data of the person with disabilities.
8. Existing measures will be reviewed to fit the new law: anyone affected can request a review at any time, and courts can also review them on their own initiative. Existing deprivations of rights end when the law takes effect.

Who it affects

• Adults or emancipated minors with disabilities who need support to exercise their legal capacity.: They are no longer considered incapable and can decide who supports them and how, with measures respecting their will.
• Relatives of people with disabilities.: They can act as de facto guardians or curators, and request a review of old measures at any time.
• Minors with disabilities approaching the age of majority.: They can prepare voluntary support measures before turning 18 and will not be subject to extended parental authority.
• Judges, prosecutors, notaries, property registrars and other justice professionals.: They must apply the new principles, make procedural adjustments and receive training on support measures.
• Anyone contracting with a person with disabilities.: They cannot take advantage of someone acting without their support measures if they knew those measures existed.

Words worth knowing

Curatela (curatorship)

A court-ordered support measure where one person assists another with acts they cannot do alone. It can be purely assistive or, exceptionally, include representation.

Autocuratela (self-appointed curatorship)

The option to propose in a public deed who your curator will be, or who will not be, if you need support in the future.

Guarda de hecho (de facto guardianship)

Informal support provided by someone who lives with or cares for the person with disabilities, usually a relative, without a court appointment.

Poder preventivo (preventive power of attorney)

A power of attorney granted in a public deed that only takes effect, or continues, if the person comes to need support to make decisions.

Jurisdicción voluntaria (voluntary jurisdiction)

A simpler, faster non-contentious court procedure, used preferably to arrange support measures.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries