Self-healing – What is it, definition and concept | 2022

Self-curatorship is the provision of choosing a person to act as curator in the event that additional capacity is needed.

The institution of self-curatorship, unlike traditional conservatorship, is not established by the judicial authority, but is constituted by the will of the person who in the future may need that complement of capacity granted by the figure of guardianship.

The self-curatorship will be proportionate to the needs of the people, trying to respect the maximum autonomy that the person who is under the conservatorship may have.

To understand how this figure works, you have to understand what conservatorship is:

Curatorship

Guardianship is an institution that is intended to be a support measure for people who do not have full capacity. It consists of designating a person who does have full capacity to serve as a complement in certain legal transactions.

Curatorship is the subsidiary figure of guardianship. That is, if a guardianship cannot be established, the only option left to support the person without full capacity is conservatorship.

The difference with the guardianship is that the complement of the capacity that makes the guardianship works both in the economic field and in the personal. Instead, the conservatorship only works as a complement of capacity in the economic field.

How is the curator appointed in the self-curatorship?

Any person in anticipation of being able to see his capacity reduced may appoint a curator to support him in those legal transactions where he will need to complement his capacity. The appointment must be made in a public deed before a notary. You can also indicate not only who you want to be the curator but also who you do not want to occupy this position.

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This appointment is not only limited to the person who is going to carry out this function, but in the self-curatorship it can also be left in writing established how you want it to act.

For example, certain rules could be established on the care of the person to be protected, rules of administration and disposition of their assets, compensation of the curator, obligation to act and surveillance and control measures. In addition, safeguards may be put in place to prevent abuse, conflict of interest or undue influence.

Likewise, review mechanisms and deadlines can be set for the support measures exercised by the curator. Even several curators can be appointed, differentiating different functions for each one.

This appointment obliges the judicial authority to accept the person proposed as curator by whoever needs this support measure.

Subjects who might need conservatorship

The people who could need a curator and can exercise self-curatorship are:

  • The emancipated whose parents have died or were disabled.
  • Minors who would have had the benefit of coming of age (this is a figure similar to emancipation).
  • Prodigals, so declared by the courts, are people who have limited or restricted capacity because they are people who habitually endanger their heritage through unjustified acts.
  • The legally incapacitated who have limited capacity to act, but have a sufficient degree of discernment and therefore only need a complement in their economic sphere and not personal.

Duties of the person exercising this conservatorship

The main functions of the curator are:

  • For the emancipated minor or the minor who has obtained the benefit of the age of majority:
    • Sell ​​or buy real estate or commercial or industrial establishments and objects of extraordinary value.
  • In the case of people who are judicially considered as prodigals:
    • The acts indicated in the sentence that declare him prodigal. This means that the sentence will be the manual to know what the prodigal can do by himself or only through the curator. For example, if the sentence indicates that the person declared prodigal cannot sell his home by himself, the intervention of the curator will be necessary.
  • For those legally incapacitated:
    • The acts indicated in the sentence that declare him incapacitated. It works the same as with prodigals. The sentence indicates what the person can do for himself or if he needs the curator. For example, if the sentence indicates that the incapacitated person cannot sign a regulatory agreement by himself, the intervention of the curator will be necessary.
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