New system
For years, Spain grappled with a guardianship model that allowed guardians to decide almost every aspect of life for a person with a disability. Last year brought a legal shift aimed at ending automatic incapacity and replacing it with supports that respect an individual’s rights. The change was driven by concerns that incapacity could strip a person of autonomy, leaving them dependent and vulnerable while a guardian controlled finances, housing, and daily decisions.
Historically, a judge could determine that someone could not manage their own affairs due to mental, cognitive, or physical limits. From that ruling, a guardian would oversee all matters, including money and assets. This arrangement sometimes left people with limited capacity without a voice, and it exposed weaknesses in protections against abuse. As the guardships moved toward greater personal freedom, banks faced new challenges when accounts of those deemed incapable were not directly managed by the account holder, while data updates and protections complicated access to funds.
Today, guardianship has been replaced by a framework of adjustable supports tailored to each person’s needs. These supports cover areas like practical detention, legal defense, and ongoing guardianship where needed. Yet, the new mechanisms have not fully integrated into banking systems. Under data protection and anti-fraud measures, banks may block accounts when the required update protocols or authorization procedures are unclear. This has left thousands of disabled people temporarily without access to funds.
Recent reports from Valencia illustrate the problem. A month ago, the Ministry of Equality in the Valencia region pointed to a gap in the system that left about 2,400 people without banking support because their accounts were blocked. Recovery of access to these accounts requires the account holder to appear in person at a bank office. In practice, it is not feasible for a disabled person to open or manage an account on behalf of someone else to receive aid or small pensions, and advocacy groups are pressing for a practical solution.
When banks review accounts, data updates are requested, but an authorized family member can no longer update the information. In many cases, banks lack awareness of the new support figures, leading to account blocks. The Valencia Community Full Participation Association has highlighted the need for a clear protocol and safer pathways for updating records without penalizing the account holder for a lack of capacity that no longer exists under the new framework.
Impact on daily life
The transition to a support-based system marks a shift in how rights are exercised. It emphasizes the person’s legal capacity in multiple aspects of life while providing tailored assistance to navigate finances, healthcare, and daily decisions. This approach avoids blanket declarations of incapacity and instead relies on targeted supports that respect autonomy. It also calls for streamlined procedures so that disabled individuals can access benefits and pensions without unnecessary barriers or delays.
Legal changes in this area align with international commitments that promote equal rights for people with disabilities. The goal is to ensure that a person’s lived reality is not overshadowed by a distant decision maker, but rather supported by a framework that strengthens personal agency. In Spain, the Civil Code has adapted to these principles, focusing on assistance and oversight rather than blanket guardianship. The shift aims to preserve dignity and independence while providing necessary safeguards.
Under the 2021 reform, existing cases of incapacity require a re-examination within a specific timeframe. If a re-evaluation is not pursued by the person declared incompetent, guardians, trustees, or legal counsel have a defined window to request a judicial review. The process is designed to be timely, with statutory obligations intended to complete determinations before the deadline. This reform reflects a broader commitment to protecting civil rights while ensuring access to essential services and support networks.
As the country continues to implement these changes, practical questions remain about how banks, government systems, and civil society can collaborate to minimize disruption. The emphasis is on creating reliable protocols, safeguarding accounts, and ensuring data accuracy without compromising the dignity and autonomy of individuals who rely on support to live independently. The overarching aim is clear: to replace outdated incapacity with a modern system that respects rights, preserves independence, and delivers practical help where it is needed most.
In summary, Spain is moving away from a guardian-centric model toward a rights-based framework that prioritizes person-centered supports. The transformation involves legal reforms, banking adaptations, and continuous oversight to prevent abuse while promoting inclusion for people with disabilities. The ultimate objective is to guarantee equal opportunity to participate in all facets of life, with safeguards that respond to real-world needs and a data framework that protects privacy without hindering access to essential funds.