The notion of curatorship, which comes from the Latin word curatoria, is used as a synonym for curatorship : the position held by a curator (who cures or cares for something ). In the field of law, a curator is someone who is appointed through a judicial resolution to complement the capacity of the person who, for some reason, has a limitation in it.
Guardianship is understood, in this framework, to be the legal institution that functions as a mechanism for the protection of an individual and their assets. Guardianship applies to adults considered incapacitated and, in exceptional circumstances, also to minors.
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Through the conservatorship, the curator must intervene in those legal acts that the subject is not in a position to carry out by himself.
In other words, conservatorship is the legal representation of someone with a mental disability. Its function is assistance, preserving the health of the assisted and preventing damage to their assets.
The conservatorship may be initiated by the incapacitated person’s parents, children, spouse, or other relatives. In the absence of them, the procedure can be requested by the public ministry.
It is important to note that when a person reaches the age of majority, their parents no longer have parental authority over their offspring and, therefore, can no longer legally represent them. If the disabled individual does not have guardianship, he is unprotected.
In addition to everything indicated, we cannot ignore other relevant aspects of conservatorship:
-It will be the judicial authority that will be in charge of establishing who will be the curator.
-The curator has a position that is not only waivable but, in addition, may be financially remunerated.
-In the event that the person subject to conservatorship has previously been under guardianship, it will be established that his curator will be the one who was his guardian. In this case, the only exception is that the judge will rule otherwise.
-The legal acts that are carried out without the intervention of the aforementioned curator, if necessary, will proceed to be annulled.
-The curatorship will end when the subject is no longer prodigal, when he has reached the age of majority, when the person subject to the aforementioned guardianship dies or when he is adopted. In the same way, that will end when the subject recovers from his incapacity or when the declaration of this is without effect.
Sometimes, what is guardianship is often confused with conservatorship. However, we have to state that there are clear differences between both options, such as these:
-Whoever is subject to guardianship does not have capacity, however, whoever is subject to guardianship is capable but needs to have a complement of capacity.
-The guardianship is reserved for cases of total incapacitation while the conservatorship for what are partial incapacities.
