There are no longer guardians who control every decision for people with disabilities. A year ago, the law changed, and it is unlikely that someone will be declared legally incapacitated in the same way as before.
This shift challenges the notion that a person with a disability cannot make choices due to mental or physical barriers. Previously a judge could appoint a guardian who made all decisions and handled money, home, assets, and every aspect of life. Today, the aim is to move away from that model while recognizing real-world needs.
Over many decades, groups representing people with disabilities have fought for this legal change, seeking protections against abuses that left individuals unable to participate in decisions about their own lives. Banks faced problems when accounts were blocked because the person could not directly manage finances, even as data systems were being updated.
Changes in regulation
Guardianship has been replaced by alternative figures based on the individual’s needs, such as de facto guardians, legal counsel, or guardianship arrangements. However, these roles are not yet integrated into banking law or data protection provisions. Anti-fraud mechanisms have blocked thousands of accounts belonging to disabled people, and recently the Ministry of Equality publicly noted that around 2,400 individuals could not access addiction assistance because their accounts were blocked.
To unlock accounts, banks require the account holder’s presence at a branch. The current system cannot easily enable a disabled person to open an account or receive the corresponding aid or small pension through someone else. Associations representing disabled communities are calling for a practical solution.
When account records are reviewed, banks may request updated data, but a family member who is authorized may no longer update those records. Requests for incapacity declarations have been removed, yet banks remain unaware of the new figures. In the absence of a clear protocol, accounts can be blocked, says the association Plena Inclusión Comunitat Valenciana in its statements.
International agreement
The legislative change aligns with Spain’s commitment to the International Convention on the Rights of Persons with Disabilities, signed in New York on 13 December 2006. The convention affirms that persons with disabilities have legal capacity on an equal basis with others in all areas of life.
As a result, incapacity no longer exists in the Spanish Civil Code. It has been replaced by support measures for people with disabilities. The old system of legal guardianship, where a guardian represented and managed all rights, has given way to a framework of support, supervision, or custody for people with cognitive or mental challenges.
The 2021 reform prevents automatic legal incapacity. Those who previously held that status must undergo a new assessment within a specified period. If no review is requested, a judge or public prosecutor is expected to initiate one within a set timeframe. The objective is to complete these processes before the stated deadline, ensuring continued protection and adherence to the new standards.
The prosecution takes action
The Office of the State Attorney General has stepped in to safeguard the rights of people with disabilities whose accounts were blocked. The Disabled and Elderly Unit of the Office, along with other service providers, has actively intervened in select cases. It is now collaborating with service sectors to implement actions that reflect the realities of people with disabilities under the new regulatory framework.
This coordinated effort emphasizes practical protections and clarifies responsibilities for institutions handling disability rights and financial services, aiming to prevent harm and improve access to essential support.