What is the "Curatela" in Spanish Law?


Let's translate "Curatela" as Curatorship which is a spanish legal institution that is established to complement the capacity of those people who, without being totally incapable by retaining a certain degree of self-government that allows them to make the simplest decisions about their person and/or property, do not reach a full capacity.


Curatorship is fundamentally an institution of assistance, the intervention of the curator being limited to those acts that the incapacitated person cannot carry out on their own, and that a judicial sentence expressly needs to establish.


Curatorship can only be declared by means of a judicial sentence that declares the incapacity in the degree considered, or modify an existing one. The curator is not in any case the legal representative of the incapacitated person.


The primary function is to assist the disable person, complementing her/his capacity in the acts in which her/his intervention is considered necessary, defined in the sentence that has established the curatorship.


The causes for the extinction of the curatorship are death, recovery of the capacity to act or the replacement of the curatorship by another legal institution by means of a judicial resolution.

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