Curatela is the name of the legal institution that has been created with the purpose of providing protection to all those disabled individuals or minors, offering them help and representation in all those legal acts or businesses that they cannot carry out on their own. Guardianship is a benefit that can be adopted by both disabled people and minors who require the presence of a guardian or caregiver to carry out their activities of daily living.
Curated was then established that the authorities legal and competent judicial consider the particular situation and decide to elect a qualified person for this role. In some cases, the role of caregiver may be filled by one of the two parents (in the event that the other has died or cannot fulfill that task), as well as by people specially trained and appointed for that position.
In the area of justice, there are some people who do not consider themselves capable or fully developed to perform certain actions or activities. Among them we find, on the one hand, children and adolescents and, on the other, those who suffer some kind of disability (they may be of legal age). The guardianship is a legal figure that is established then, to facilitate the development of these people and avoid facing situations that by their own means they could not resolve with total normality.
Through guardianship, the curator must intervene in those legal acts that the subject cannot perform by himself. If one of these acts is carried out without the intervention of the curator, it can be canceled.
In other words, guardianship consists of the legal representation of a person with a mental disability. Its function is to help, preserving the health of those assisted and preventing them from suffering damage to their assets.
Conservatorship can be initiated by the disabled person's parents, children, spouse, or other relatives. In their absence, the process can be requested by the prosecutor.
It is important to note that, when a person reaches the age of majority, their parents no longer have custody of their offspring and therefore can no longer legally represent them. If the disabled person does not have a guardianship, he is unprotected.
