In the Convention on the Rights of Persons with Disabilities, it was established, in its article 12, the recognition of equality as a person before the law, which says that all persons have legal capacity, that is, that persons with disabilities have the right to make decisions and exercise their rights like the rest of the people.

Faced with this situation, Spain is obliged to reform the Civil Code and recognize the rights established by the Convention on the Rights of Persons with Disabilities. The preliminary draft is a proposal to change the law, in which it is expected to modify the laws on the judicial incapacitation of people with disabilities so that they have increasing autonomy when making decisions, respecting their wishes and preferences as much as possible.

That is why the figure of the guardian, the extended parental authority and the rehabilitated parental authority will begin to be eliminated, replacing them mainly by the conservatorship, the de facto guardian and the judicial defender. The idea is that the person with a disability can make their own decisions and that the guardian intervenes as support only when strictly necessary. This is also intended to avoid conflicts of interest that may arise in guardianships.

The draft bill that is expected to reach Congress before the end of the year, has been drawn up by the Spanish Association of Tutelary Foundations and Plena Inclusión. We leave you here in easy reading the questions and answers about The Reform of the Civil Code on Disability and Guardianship.

You can also listen to the podcast of our Radio Gigantes Program in which the team that carries out the program raises its doubts about the preliminary project to professionals of the Spanish Association of Tutelage Foundations.

And if you want more information about it, we also leave you two articles on the matter in our Blog and in the newspaper El País.