The curatorship, established by judicial decision, is a measure of support for the person who cannot govern the acts of his own civil life. In this case, someone is appointed to exercise the role of curator, that is, to administer the curate’s assets and to appear as his assistant in the acts of civil life, to guarantee that the rights of the curatee are adequately met and that can be done in firms like barr & young attorneys amongst others.
In other words, curatorship is a protection mechanism for those who cannot govern the acts of their own lives even when they are of age. It is the burden imposed on a natural person to care for and protect a legal age who cannot self-determine patrimonially due to a disability.
Is curatorship applicable in all cases of disabled or elderly people?
No. The mere fact of being a disabled or elderly person is insufficient to authorize guardianship. In any case, it is necessary to demonstrate that the person is effectively prevented from expressing his will.
Who Can Be The Conservator?
Under the law, the spouse or partner will preferably be the guardian of the other, as long as they are not legally or de facto separated. If there is no spouse or partner, preference is given to the father or mother. And, in the absence of parents, the descendant who is fittest and closest to the guardian will be appointed as a curator. In the absence of the mentioned persons, it is up to the judge to choose the curator. You will need the help of a lawyer like those from barr & young attorneys for instance.
It should be mentioned that the kinship bond is not necessary to exercise the role of curator. In addition, the legal order of preference can be changed in the specific case if this is necessary to meet the best interests of the curate. Also, in the case of a person with a disability, the judge may establish shared guardianship.
What Is The Role Of The Curator?
Suppose it is proven in the judicial process that the interested party cannot manage certain acts independently. In that case, a curator is appointed to assist that person in the legal acts that he may practice.
As seen, the curator must ensure that the rights, wishes, and preferences of the curatorate are carried out through assistance in decision-making and administration of their assets, pension, or retirement (if any).
Even if he exercises the position provisionally, the curator must account for the expenses incurred. This is justified by the attention given to the administration of the curate’s patrimony, enabling the control and prevention of possible abuses committed with the patrimony of the incapable, according to the Statute.