Quien Puede Ser Tutor Legal De Un Incapacitado

If the legal guardian of the estate is unable to work, court approval is required for another person to obtain it. If it does not exist, the inheritance is accepted without affecting the personal inheritance of the heir. 2.- The lawyer Alberto Arenaza Artabe, on behalf and on behalf of the Tutelary Institute of Biscay, responded to the request, opposing the facts and legal bases that he considered applicable, asking the court to declare in its judgment of the day the incompetence of Don Miguel, if this is recognized in the evidence practiced in the trial. Establish the boundaries and extensions of guardianship, appoint a guardian in the same sentence as requested in the body of this letter, and decide whether the confinement of the disabled person is appropriate, as evidenced by the evidence in the act of the hearing. In all cases, a judge by court decision is the subject who can determine who occupies the position of guardian over a disabled person or a minor who is not emancipated. Once this obligation has been granted, it is in principle not possible to waive it by the sole will of the designated person. However, there are a number of causes that allow the waiver to be a legal guardian. We can clarify the following: Hello, could you clarify a question for me? I am a mother legal guardian and legal defender of my daughter with 76% intellectual disability and is unable to work because she helped d orphanage has a card in which she is the owner, I was as a legal representative, but one day they took me out of your account my question is whether I can be as a second owner on my daughter`s account, because they q do not say Porq, I am a guardian but I am his mother and his estate is not protected, thank you I hope they answer me The legal guardian is entitled to the inheritance of the person who was guardian upon death. If there is a will, the appointed guardian must comply with the testator`s will, whether or not he or she is entitled to a portion of the estate property.

As we have already seen in the previous point in cases of self-guardianship, it is the disabled person who appoints the guardian before the start of the incapacity procedure. The sole guardian and, where applicable, the guardian of property is the legal administrator of the inheritance of wards and is required to exercise this management with the diligence of a good father. The incapacity procedure begins with the filing of a complaint with the courts of first instance of the place of residence of the alleged disabled person. The complaint may be filed by the spouse or partner, children, parents or siblings, as well as by the Public Prosecutor`s Office. We leave you here a fragment of a judgment of 2012, in which it is clear that the incapacity can be partial or complete, in the case that concerns us, a partial incapacity called conservatory was ordered and assigned as curator to a public institution. The order described is also the one provided for by the Civil Code, which must have priority. However, whenever certain circumstances make it necessary or desirable, the judge may modify it and grant tutorship to any person he considers appropriate. That is, he may legally be the guardian of the disabled person`s spouse, but the judge may find that he is not the most appropriate person and grant guardianship to a brother or sister. Guardianship is always under the control of the Public Prosecutor`s Office, which may at any time request information on the situation of wards. In any case, and even if the Public Prosecutor`s Office does not require it, the legal guardian of an elderly person must report annually on the condition of the wards and their property. You must remember that tutors can be removed from office, that is, they can cease to be tutors and be replaced by others.

In Spain, the number of guardians is regulated by the Civil Code and, following its reform by the entry into force of Law 8/2021, guardianship is limited to unemancipated minors who are not covered by parental protection or who are in a situation of impotence. A guardian can be any natural or legal person of legal age who fully exercises his or her civil rights. On the other hand, a person is not fit to be a legal guardian if he or she has a criminal record, if he or she has a bad relationship with the ward, if he or she is a minor or legally incapacitated, or if he or she has already been deprived of another guardianship or parental authority. The division of inheritance or division of joint property by the guardian does not require judicial approval, but once practiced, it does require judicial approval. Hello, my father is in a residence, legally disabled, my brother is his guardian because my mother decided this before death. They sent me my father`s annual return from the court and I checked that he had not taken a car, in addition to taking money without justification. The money was tied up in front of a notary to return it as soon as possible, and if my father died before being deducted from his share of the inheritance, can he have problems for such an action? Thank you, greetings The future incapacitated can go to the notary and be determined by notarial deed who wants to be the person who manages his property when the time comes to be declared unfit. The guardian is also responsible for the administration of property, as well as certain extraordinary administrative procedures, and must report this to the judicial authorities.

Before deciding on the approval of the account, the judge hears the new tutor or, where applicable, the curator or judicial defender and the person subject to tutorship or their heirs. The Civil Code also stipulates that the judicial authorities are obliged to protect you from the actions of your guardian. Consequently, prior judicial authorisation from the latter is required, which in any case gives priority to the interest of the ward in the performance of one of these acts: guardians may not be those expressly excluded by the father or mother in their provisions in a will or notarial deed, unless the judge in a reasoned decision, you should be in favor of minors or people with disabilities. The person considers something else. The tutor can only be an heir if his appointment was made after the end of the tutorship. If the guardian is appointed for the benefit of the persons or institutions responsible for his custody, he may be heir if he appears in the will. Guardianship – Who can be the guardian and his/her duties? We continue to bombard disability and guardianship, as we saw in the previous chapter, What Are They and What Are Disability and Guardianship? have seen. The tutor is the person who exercises tutorship, custody of persons or property. The figure of the legal guardian is the legal representative of the minor or disabled person in the exercise of guardianship functions and may be a natural or legal person in accordance with the respective legislation.