Incapacity procedure / Elder law


Do you have a family relative no longer able to manage his/her assets / accounts or life due to mental illness, disability or incapacity ? Spain allows you to step into your relative´s shoes and become his/her guardian /administrator (un tutor).


In this types of cases the Public Defender (Ministerio Fiscal) has always a say in the matter. So, whatever your intention/proposal to the court (that you or someone become the administrator) a representative of the Public Defender Ministry will have to examine the issue and agree to it. In other words, you can start the process and the judge will ultimately decide what you propose but the Public Defender will have to agree to it.

There are different types of incapacity and varying degrees. Each case is different. The restrictions thus sought upon the incapable by family members can be partial or total.

How to prove that someone has become uncapable of managing his life, assets or money accounts ?

Here come into play: Witnesses, declarations of family members.

Medical expert report, etc.

IMPORTANT – Your relative spending the money very quickly, unrestrained ?

Lawyers can request the court that an IMMEDIATE RESTRAINING ORDER be issued pending the later resolution of the incapacity procedure. Usually this is granted when there is risk that a person disposes of his properties and money nonsensically…

Our law firm handles incapacity legal procedures and will craft, together with you, the best mechanism to smoothly transition legal capacity from one person to the guardian.