Legal incapacity involves the protection mechanism for those who, because of illness, or supervening physical or mental infirmity, are not able to look after or govern themselves.
This mechanism is intended only to protect the interests as well as personal and property rights of the person. During the incapacity declaration process, the court hears from the relatives, and examines the affected party and any evidence that it deems appropriate. An expert medical report must be issued on the affected party so as to decide on the incapacity thereof. If the judgment declares incapacitation, it must determine the extent, limits and alternative guardianship or care arrangements for the incapacitated party. Furthermore, according to the degree of incapacitation that is established, the relevant institution(s) in charge of the guardianship and protection of the incapacitated party shall be indicated.
At Winkels Asociados, we are experts in Family Law and International Family Law, which is why we are able to advise you on the process to be followed, as well as any necessary documentation and requirements, if you wish to pursue an incapacity declaration of a family member.