Legal Protection for Vulnerable Individuals

Making the decision to initiate legal proceedings to modify the legal capacity of a family member is one of the most challenging and painful steps a family may face. However, when illnesses, unfortunately now so common such as Alzheimer's, senile dementia, or severe psychiatric disorders, prevent a person from making rational decisions, legal intervention becomes the only effective tool to protect them. Our aim is not to annul the individual's rights, but to create a legal shield around them to prevent them from becoming a victim of abusive or even criminal situations that could deplete their assets, ensuring that their basic needs and medical care are always covered and their rights safeguarded.

We handle the judicial process and provide constant support to the family throughout the legal proceedings, providing the necessary medical and expert reports to demonstrate the real situation of the affected individual before the judge and forensic doctor. We adapt our strategy to the current legislation, which prioritises support measures such as guardianship over the former total incapacitation, always seeking the solution that best respects the dignity and will of the person with a disability, while ensuring the necessary supervision in those economic or personal matters that they cannot manage on their own.

Ongoing Advice for Guardians and Curators

The appointment of a guardian or curator entails a series of legal and administrative obligations that can be overwhelming for the designated family member. The law requires absolute transparency in the management of the protected person's assets, mandating the submission of initial inventories and annual account reports to the court. We advise families on fulfilling these duties to avoid legal liabilities arising from poor management, ensuring the transparency and justification of the accounts for presentation to the judicial authority.

In addition to regular management, there are acts of special significance that require prior judicial authorisation, such as the sale of a property owned by the incapacitated person to cover the cost of a care home or medical care. At Bufete Trujillo, we handle these voluntary jurisdiction cases by preparing the application and justifying the necessity and utility of the operation, so that the judge authorises the sale with all guarantees. We are at your side to resolve any legal queries that arise in the course of your duties, allowing you to focus on the personal care of your relative while we take care of the bureaucracy.