Already no legal guardian can rule over life people with disabilities A year ago the law changed and not likely to render a person legally incapacitated.
Inability to judge meant the impossibility of making a decision because of a mental, mental or physical disability. Well, a judge, through a sentence, determined one cannot take care of himself. Thus, his legal guardian decided everything for that person and managed his money, bank account, home, assets and every aspect of his life.
A group of disabled wore has been trying to make this legal change for decades It was a reality in terms of abuses that left vulnerable a person who could no longer make a decision for himself and whose guardian had no control. There are no longer legal guardians, and this meant a problem for banks that blocked accounts of account holders who did not directly manage their money while updating their customers’ data.
Now guardianship is replaced by other adjustable figures according to one’s needactual detention, legal defense and guardianship) however, these figures are not integrated into the banking system. under data protection law and as an anti-fraud mechanism, they blocked (or indicate that they will block) accounts of thousands of disabled people.
For example, in the Community of Valencia, a month ago Ministry of Equality condemned in Levante-EMVFrom the Prensa Ibérica group, Addiction aid does not reach 2,400 people. because their bank accounts are blocked.
To unlock accounts, Banking entities require that the account holder be present in person at their office. It is not possible in the current system to open an account on behalf of the disabled and collect the corresponding aid or small pension, and the associations that make up the group demand a solution.
“When reviewing bank accounts, it asks for data to be updated, but authorized family member can no longer update data Then they want the penalty for incapacity for work, but they don’t do it anymore and because the banks are unaware of the new figures, they block the account because there is no protocol.” Valencia Community Full Participation Association.
New system
The legislative change is due to Spain’s adherence to the International Convention on the Rights of Persons with Disabilities, held in New York on 13 December 2006. The aforementioned international treaty people with disabilities have equal legal capacity more than others in all aspects of life.
Like this, In the Spanish Civil Code, such incapacity is no longer in question. It has been replaced by support measures for people with disabilities. This is in line with the previous Legal Trusteeship system, where the guardian represents and manages all aspects and rights of the person declared incapacitated.support, supervision or oversight” Person with intellectual or cognitive deficiency.
Law No. 8/2021 prevents legal incapacity, but What happens to those who already have this condition? The rule provides for a compliance regime for both the person declared incompetent and the guardians, trustees or legal counsel to request a re-examination of the judicial decision within one year. If they do not do this, the judge or public prosecutor has to do this ex officio within three years. The goal is to complete the process. Before September 3, 2024.