The elderly have an increasingly important weight in the Catalan population structure and will continue to do so in the coming years. Faced with complicated situations resulting from cognitive impairment or loss of capacity caused by age, incapacitation or judicial modification of capacity is presented as a solution that guarantees both the rights of the person and the interests of family members.

From Badia)advocats, we provide complete advice to families and process each judicial procedure for modification of capacity with absolute respect for the person who needs it, looking for the solution that best suits their case and allows them to develop their their capabilities

In recent years, economic growth and prolonged improvement in life expectancy have significantly increased population aging in virtually every country in the world. This increase is also present in Catalonia, where the aging index has increased in recent years – according to IDESCAT data – and is expected to continue to increase for at least the next 15 years.

It should be noted that having an increasingly important population of elderly people represents one of the greatest human achievements in modern history, since life expectancy always has a positive correlation with the standard of living.

Unfortunately, the aging population also forces many families to make decisions in order to face and prevent the consequences that arise from cognitive impairment and the loss of capacity of close relatives and loved ones.

Incapacitation or judicial modification of capacity is a legal procedure that aims to guarantee the rights and well-being of those people who, due to their physical or mental conditions, are unable to make certain decisions, manage their assets, govern – themselves or take care of themselves and need a third person to complement or assume this responsibility. It is a judicial procedure where the assistance of a lawyer specialized in the matter is always mandatory and where, finally, a judge agrees on the establishment of the institution of protection that is most appropriate, be it guardianship or guardianship.

So, as important is the judicial procedure of incapacitation itself as are the institutions for the protection of the person regulated in the Catalan Civil Code, because they are the ones that will end up determining the regime in which the people appointed as guardians or curators will have to look after the rights and interests of the incapacitated person.

Guardianship is the institution that protects people who cannot govern themselves and who are incapacitated by virtue of a court order. This protection covers both the personal and patrimonial spheres of the ward, so that the guardian becomes the legal representative of the person placed under guardianship, takes care of him, administers and defends his assets and patrimonial interests and exercises the your rights

It is important to remember that the closest relatives – spouse, descendants, ascendants and siblings – are obliged by law to promote the establishment of guardianship, from the moment they know the situation of lack of protection of the incapable person and that, if they do not do so, they will have to answer for the damages they may have caused due to the fact that they did not promote it earlier.

On the other hand, guardianship is the institution of protection applicable when a person retains the capacity to act, since his degree of incapacity is mild and allows him to govern himself. In these cases, guardianship is established because the law considers that, for certain acts, a complement of capacity is required which the curator must provide through his assistance. Therefore, guardianship is not a case of legal representation, given that the act in question will be carried out by the person placed under guardianship, and his curator will only assist him.

Guardianship and guardianship are the main institutions for the protection of the person, but the Catalan Civil Code regulates others that are just as interesting and involve less interventionism, such as, for example, guard in fact , assistance , protected heritage , the figure of the judicial defender or the mere granting of a power of attorney in anticipation of future situations.

The particularities of each case and the specific needs of each person require a personalized solution that respects both the rights of the person affected and the interests of the family members, which makes it essential to have the comprehensive advice of lawyers specialized in the field.

From Badia)advocats, we provide complete advice to families and process each legal procedure for modification of capacity with absolute respect for the person who needs it, looking for the solution that best suits their case and allows them to develop their their capabilities

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