Curatorship is a legal figure established to assist adults when a disability prevents them from managing their daily lives or making decisions. Lawyer Xabier Bilbao Ormazabal states that the goal is to offer help "always considering their autonomy and will," maximally respecting the person's remaining capacity.
This figure, arising from a recent legal reform, replaces the traditional guardian. The curator is appointed to "advise and accompany" the individual with a disability so they can make their own decisions. This shift in focus seeks less incapacitation and greater respect for the person's will.
The curator's intervention is adapted to the person's level of autonomy. In mild cases, their role is simple assistance and accompaniment. However, as Bilbao notes, "when this lack of autonomy is very significant, the judge can grant the curator powers to represent that person" to carry out specific acts on their behalf.
“"When this lack of autonomy is very significant, the judge can grant the curator powers to represent that person"
Curatorship is always established through a judicial procedure. It applies in situations of cognitive illnesses like Alzheimer's or dementia, intellectual disability, psychiatric disorders, or cases of prodigality, where a person mismanages their assets due to addictions or other reasons.
The process can be initiated by the affected person themselves, although this is not common. More frequently, direct family members (spouse, descendants, siblings) request it, or the Public Prosecutor's Office acts if it detects a situation of lack of protection and the family has not intervened.
The procedure takes place in the court of first instance and includes several safeguards. The judge must personally interview the affected individual to assess their degree of disability. Furthermore, a forensic medical report is mandatory to evaluate their condition and capabilities.
“"The judge has to interview this person, has to personally see if they effectively have that situation of disability"
During the process, the judge also hears from direct family members to determine who is the most suitable person to act as curator. With all the information, and after hearing the Public Prosecutor's Office, the judge issues a judicial order specifying the acts for which the person needs assistance, whether economic, health-related, or of another nature.
This resolution formally appoints the curator and establishes the duration of their term, which can be up to a maximum of 6 years, renewable. The process typically takes about six months, and given the urgency of these situations, families are advised to act promptly and seek legal advice to initiate the claim.
