What is the "Tutela" in Spanish Law?


"Tutela" could be translated by Guardianship into English and it is basically a spanish legal institution that proceeds when it is necessary to declare the total inability/incapacity of a person to decide for her/himself and manage her/his assets, with the guardian becoming the legal representative of that incapable person, both in the personal and in the patrimonial sphere. It also proceeds in cases where the individual can govern his person, but not his property, or vice versa, decreeing in this case a partial guardianship.


The guardian is the natural or legal person appointed by the judge, whose mission is to care for the disabled person, their representation in all acts that they cannot carry out on their own, and the administration of their assets.


For the appointment of guardian, a family member will be preferred, and failing that, whoever the judge considers most suitable, and legal persons, public or private, who do not have a lucrative purpose and whose purposes include the protection of the incapable, may also be guardians.


The guardian's performance is supervised at all times by the judge, who must authorize any substantial change in the assets or in the situation of the incapacitated person that may harm her/his interests.


The guardian needs, therefore, judicial authorization, for acts such as interning the ward in a mental health facility, to dispose of real estate, to give and take money on loan, etc.

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