There are no longer legal guardians controlling the lives of people with disabilities.. A year ago the law changed and not likely to render a person legally incapacitated.
This incompetence so called it is impossible for the person to make a decision because of a mental, mental or physical disability. So a judge ruled that a person cannot take care of themselves. a) Yes, his legal guardian has decided everything for that person and has managed his money, bank account, home, assets and every aspect of his life.
collective People with disabilities have been working for decades to make this legal change a reality in light of the abuses that leave a person who can no longer make decisions for themselves vulnerable. and his teacher did not pass any checks. 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 customer data.
Changes in regulation
Guardianship is now replaced by other adjustable figures based on the needs of the affected person (de facto guardian, legal counsel and guardianship), but these figures are not integrated into the banking system as a law and before data protection law. The anti-fraud mechanism has blocked (or stated that they will block) thousands of disabled accounts. Moreover, a month ago, the Ministry of Equality personally denounced that 2,400 people were unable to pay their addiction aid because their bank accounts were blocked.
To unlock accounts, banking institutions require that the account holder be present 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, she requests data to be updated, but the authorized family member can no longer update them. Then they ask for the incapacity penalty, but they no longer do this, and the banks are unaware of the new figures, so in the absence of the protocol they block the account, “explains the association Plena Inclusión Comunitat Valenciana.
international agreement
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 declares that persons with disabilities have legal capacity on an equal basis with others. aspects of life.
In this way, such incapacity no longer exists in the Spanish Civil Code. It has been replaced by support measures for people with disabilities. This assumes that the previous system of Legal Guardianship, in which the guardian represents and manages all aspects and rights of the person declared incompetent, is replaced by the system of “support, supervision or custody” of the person with mental or cognitive deficits.
The new law of 8/2021 prevents legal incapacity, So who already had this condition? provides a standard Compliance regime where both the person declared incompetent and guardians, guardians or legal counsel must request a re-examination of the judicial decision in a year. If they do not do this, the judge or public prosecutor ex officio has to do this within three years. The goal is for the process to be completed before September 3, 2024.
The prosecution takes action
The State Attorney General’s Office intervened directly to protect the rights of people with disabilities who saw their accounts blocked. Therefore, the Disabled and Elderly Unit of the Office of the Chief Public Prosecutor did not hesitate to intervene directly in certain cases. Now, in addition, it is working with all service-providing sectors to “agree on actions” that adapt the reality of people with disabilities to a new regulation.