Longevity in advanced societies does not exempt people from health problems, particularly mental or neurodegenerative problems, which affect their capacity. When a person’s capacity is impaired, it is necessary, if it has not been foreseen, to go to court to request the appropriate support measures and the appointment of a curator (or assistant, in the terminology of the Civil Code of Catalonia) to make decisions for the person, subject to judicial control.
In this regard, we intervene in proceedings for the modification of capacity, as well as in proceedings for accountability and the judicial authorisation for the sale of the property of a person with modified capacity, requesting, if necessary, special protection measures.
We also advise on the drafting of preventive powers of attorney, i.e. a PoA granted before a notary to designate persons to act as curators or assistants in the event of a change of capacity, without the need to go to court.