The Law Firm Cecatiello, given the experience gained over the years in terms of family law and protection of persons, assists its clients also in the procedures for the appointment of the support administration and for the consequent obligations.
The support administrator, introduced with law no. 9, is an institution of the Italian legal system, governed by the civil code, whose function is to support the person who is totally or partially independent, with the least possible limitation of the ability to act.
With this provision, the Italian legislator has radically revised the matter of limitations relating to people's ability to act and, in place of the already privileged protection of assets, families and creditors of persons with disabilities, has established, on a far wider social scope, that anyone who, totally or partially deprived of autonomy as a result of a physical or mental illness, finds himself unable, even partial or temporary, to provide for his own interests, has the right to be assisted by a support administrator appointed by the tutelary judge who, on the basis of the concrete needs of the aid, will arrange, for the acts or for the categories of acts for which the support is deemed appropriate, the replacement or mere assistance of the person who does not is able to give you autonomous execution.
The person concerned designates the support administrator and the judge formalizes the appointment by assigning the task to the support administrator with a public deed for all legal purposes. Each person can designate more than one support administrator, provided that the indicated persons are in the alternative.
The indication must therefore proceed according to an order of priority. The priority serves to assign the task to the second designated director, in the event of the first being unavailable, or to establish a prevalence in decisions: in the event of differences, the decision of the first supporting director will prevail over the one designated in the alternative.
The appointment can also be made by unauthenticated private writing, without the assistance of a notary.
When the appointment is made by a third party to the judge, it is preferable to be assisted by a lawyer. In this case the appeal can be presented by anyone who has an interest (relatives, acquaintances or social services) and must be deposited at the registry of the court in whose district the person to be administered has residence.
The new art. 404 of the civil code, as amended by the aforementioned legislation, has therefore introduced into the Italian legal system an alternative measure to the interdiction and incapacitation ruling which can benefit a person who, due to an infirmity or physical or mental impairment, is in the impossibility, even partial or temporal, to provide for their own interests. This impairment must not be so severe as to be banned or incapacitated. Some examples of subjects to whom the application of this institute may refer are: disabled subjects, alcoholics, drug addicts and subjects affected by cerebral stroke.
The purpose of the law is to assist such people through an administrator who gives them support in order to face concrete problems such as: buying, selling, renting an apartment or investing sums of money. The support administrator is appointed by the judge by decree; the decree must indicate the act for which the administrator's assistance is required.
The request for the appointment of the support administrator can be made by the same person to whom the administration would refer, by the spouse, by the person permanently cohabiting, by relatives within the fourth degree, by the relatives within the second degree or by the public prosecutor. Furthermore, if aware of facts such as to make the opening of the support administration procedure advisable, the heads of the health and social services directly involved in the care and assistance of the person (for example social workers) are required to propose to the Tutelary Judge appeal for the appointment of support administrator.
The appointment of the support administrator can be revoked at any time when the conditions that generated the need cease to exist. However, the forfeiture of the function cannot be automatic, except in the case of a fixed-term appointment, and must be ordered by the tutelary judge with a specific decree following a specific request by the interested party, his administrator or other interested parties.
The Law Firm Cecatiello is able to better advise its clients in the preparation of appeals for support administration and the consequent management of the administration.
Cecatiello Law Firm, Milan. Marriage lawyer, divorce lawyer, specialized in family law, child rights, juvenile criminal. Contact us.