SUPPORT ADMINISTRATION

SUPPORT ADMINISTRATION

What is it about?

It's a institution for the protection of people who find themselves in situations of:

  • psychic impairment (an illness or even an uncomfortable situation);
  • infirmity;
  • physical impairment

All situations that must prevent the person from normal performance of daily life functions both habitual and temporary.

This institute has the aim of ensuring the right balance between the need for protection and the freedom of the beneficiary. It will be the Judge who, from time to time, will have to indicate, with decree, what the legal acts will be:

  1. reserved for the Support Administrator, who will act as an exclusive representative of the beneficiary;
  2. to be done with theassistance from the Support Administrator, who will support the beneficiary in completing the deed, verifying and adhering to the will of the administrator;
  3. reserved for the beneficiary, that he can, so, do them independently, without the representation or assistance of the Support Administrator.

Who can request it?

The Support Administrator is appointed by the Guardianship Judge upon proposal of the interested party, of the spouse, of the civil union partner, of the cohabiting building, as well as relatives, similar and, Lastly, of the Public Prosecutor.

Who can be a Support Administrator?

It can be named:

  • a person indicated by the beneficiary himself;
  • a person close to the beneficiary (like your spouse, the partner of the civil union, the cohabiting building as well as relatives or in-laws).

How to request the appointment of the Support Administrator?

The application is submitted with an appeal to be presented to the Court of the place where the beneficiary has his residence or domicile.

The Administrator is appointed by the Guardianship Judge with his own reasoned decree.

Guardian Judge, to rule on the question, listens to the beneficiary personally and takes into account his needs and requests.

What is the protection for the beneficiary?

Acts carried out personally or without the assistance of the Support Administrator can be cancelled. If the support Administration ceases, the cancellation request can be exercised within a maximum period of five years.

Other institutions for the protection of the incapable.

interdiction.

Il of age and the emancipated minor, that they are in conditions of habitual mental illness, such that they are incapable of looking after their own interests, they are prohibited when this is necessary to ensure their adequate protection.

L’judicial interdiction is pronounced by the Tutelary Judge with a sentence resulting in the total inability to carry out patrimonial acts, personal and family, except those necessary to meet the needs of daily life.

L’legal interdiction (ex art. 32 c.p.) it is not a protection tool, but rather an additional sanction foreseen in case of conviction of life imprisonment or imprisonment of no less than five years for a non-culpable crime. The inability, then, concerns only acts of a patrimonial nature, the interdict being able to make a will, get married or recognize your children.

In such cases, a is appointed legal guardian who acts as the legal representative of the incapable person.

Disablement.

Determine a situation of partial incapacity and follows a sentence that establishes a reduced status, but not non-existent, ability to look after one's own interests. The cases in which it can be pronounced are:

  • mental illness not so serious as to give rise to disqualification;
  • prodigality, that is, the "pathological" propensity to spend beyond one's economic capabilities;
  • abuse of drugs or alcohol;
  • physical imperfections or impairments, not accompanied by a correction system capable of ensuring the subject sufficient physical autonomy.

In such cases, a is appointed curator to assist the disabled person in carrying out acts of extraordinary administration only.

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