With the entry into force of Law 8/2021 of 2 June, the procedural and civil situation of persons with disabilities in Spain was reformed and reshaped. This Law sought to promote support for persons with disabilities by giving them greater autonomy and decision-making capacity.
The most substantial change was the prohibition of incapacitation. Today a person is not declared incapable; instead, support measures are recognised. Persons with disabilities will have a representative curator who makes decisions on their behalf while respecting their rights and wishes.
When the person with a disability themselves requests the support measures. They are adopted through a notary. The notary will hear the person, assess their testimony and, by notarial deed, record the curatorship and the acts for which the measures are needed.
When the person with a disability needs support on a stable basis, a judge will determine the judicial support measures in a court ruling. This is the most common scenario in cases of severe cognitive impairment.
The general form of curatorship. The person with a disability needs assistance for certain legal acts but retains autonomy for the rest. The curator assists without replacing the person's will.
The exceptional form. The curator takes on representation of the person with a disability for the acts specified in the court ruling. It is only granted when considered essential.
Older people who need support to manage accounts, pensions, assets or important documents.
People who require stable assistance for legal, financial, administrative or personal matters.
When the situation continuously affects the capacity to manage certain matters.
This price includes: initial case assessment, review of documentation, preparation of the application, filing and monitoring of the proceedings, and assistance during the court process.
The court representative's (procurador) fees are not included and will be quoted separately if their involvement is required.
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