Curatorship (or curatela in Spanish law) is a legal support measure designed to help people with disabilities or cognitive decline in making decisions. It can be assistive (supporting the person) or representative (making decisions on their behalf).
- But be careful! It is not a guardianship or a removal of decision-making rights. The law requires that the will and preferences of the individual are always respected.
- In some real-life cases, such as an elderly man being unfairly separated from his long-time partner and placed in a care home against his will, curatorship has been imposed without properly assessing his autonomy, or with serious conflicts of interest by the curator (the person assigned to make decisions).
Important precautions
- Always inform and listen to the person affected.
- Request regular judicial reviews of the curatorship.
- Challenge any financial interest the curator may have.
- Ask the Public Prosecutor to intervene if something feels wrong.
- Curatorship is not meant to silence, but to support. If you or a loved one are facing this situation, seek legal guidance. Dignity and autonomy have no age limit.
