The increase in life expectancy and the rise in rates of mental illnesses and disorders that affect cognitive ability or walking ability are leading to an increase in the number of people who are wholly, partially, or temporarily, incapable of autonomously carrying out everyday activities.
Guardianship is a protection measure that can be adjusted to the specific needs of the person, to offer support to frail subjects as much as possible with their remaining capacity for self-determination or their own abilities to satisfy their needs.
If a person is unable to provide for his or her own interests because of physical or mental impairment, then it is possible to apply to the court for the appointment of a guardian. The latter, where possible and as a priority, will be chosen among the loved ones of the person to be subject to guardianship. Should this not be possible, the Court shall appoint a guardian from a professional guardianship agency.
The following persons may apply for a guardianship:
- Public Prosecutor;
- The person to be subject to guardianship (even if minor, or lacking mental capacity, whether in full or partially);
- Spouse;
- The long-term cohabiting person;
- All relatives up to the fourth degree;
- All spouse’s relatives within the second degree;
- The donee of a lasting power of attorney for a person lacking mental capacity in full;
- The donee of a lasting power of attorney for a person partially lacking mental capacity;
- The same-sex marriage partner for the other partner.
The application shall contain a description of the living conditions of the person to be assisted and an assessment of their income and financial situation. This is necessary to outline the limits of the support plan that will be submitted to the Court.
Taking decisions on other people’s property is a huge responsibility, which is also subject to periodic supervision by the courts.
Studio Legale Salata is at the forefront of applications for the appointment of guardians and in assisting them in the exercise of their functions. Similarly, we can assist those who wish to object to the appointment and those who believe that the appointed guardian is not performing his or her office with the required diligence.
