Capacity
Capacity: legal protection for those who need it most
The increase in life expectancy in today’s societies has led to an increase in cases requiring legal protection for people with mental illnesses, neurodegenerative conditions, or conditions that limit their capacity to act.
At Carmen Varela, Abogados de Familia, we intervene in capacity modification procedures with a humane, rigorous, and respectful approach, ensuring the well-being of the affected person and ensuring they receive the support they need to manage their life and assets.
Whether through the appointment of an assistant or curator, through judicial measures, or through preventive powers granted before a notary, we help you anticipate situations of vulnerability and ensure the legal protection of your loved ones with the greatest possible dignity and legal security.
Our approach: dignity, prevention and personalized legal protection
At Carmen Varela, Family Lawyers, we approach cases involving modification of capacity with a focus on the individual, their dignity, and their well-being, always with the utmost respect for their rights and autonomy.
We understand that each situation is unique, which is why we offer personalized advice both for those who need to initiate a judicial protection procedure and for those who wish to anticipate it with preventive powers of attorney. We act with sensitivity and rigor in all phases of the process, from the request for an assistant or curator, to judicial authorization to sell assets, or the accounting required by the court. Our goal is to guarantee the legal security of the person with modified capacity, while at the same time offering peace of mind and clarity to their family members or representatives.
The path we walk together:
We can help you
Don’t hesitate to contact us. We’ll study your case and find the best way to address it.
What will we deal with?
Capacity modification procedures
We initiate and process court applications to appoint an assistant or curator when a person cannot fully exercise their legal capacity.
Appointment of assistants or curators
We advise on the selection of the most suitable person to fill the position and request their formal appointment from the court.
Preventive powers
We draft and process the notarial granting of powers of attorney so that, when the time comes, it is not necessary to go to court to act on behalf of the affected person.
Accountability and judicial control
We assist the curator, assistant, or guardian in asset management and in the obligation to account to the court.
Judicial authorization for specific acts
We process applications before the court to sell real estate, manage accounts, or perform other actions that require express authorization.
Why choose us?
Specialization in the protection of vulnerable people
We have extensive experience in capacity modification procedures, guardianship, curatorship, and preventive powers of attorney, always from a legal and human perspective.
Person-centered approach
Our work is based on absolute respect for the dignity, autonomy, and rights of the affected person, tailoring each measure to their actual needs.
Comprehensive and personalized attention
We support you throughout the entire process: from the initial assessment to the follow-up, with a friendly, clear approach tailored to your family situation.
Management of judicial and preventive measures
We offer solutions for those who need to go to court, as well as for those who want to get ahead with guarantees through a power of attorney.
Legal rigor and ethical commitment
We act with seriousness, respect, and the utmost responsibility, ensuring compliance with the law and the effective protection of people in vulnerable situations.
Peace of mind for you and your family
Our goal is for you to make decisions with confidence, knowing that your loved ones are legally protected today and in the future.
