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 the 9 law January 2004 n. 6, is an institution of the Italian legal system, governed by the Civil Code, whose function is to support the subject lacking in whole or in part of autonomy, with the least possible limitation of the ability to act.
With this rule, the Italian legislator has radically revised the subject of the limitations related to the ability to act of people and, in place of the already privileged protection of heritage, family and creditors of people with disabilities, has established, on a plan of far wider social reach, than the one who, wholly or partially free of autonomy due to a physical or psychic infirmity, finds himself in the impossibility, even partial or temporary, to provide for his own interests, has the right to be assisted by a Supporting administrator appointed by the tutelary judge who, on the basis of the concrete needs of the assistance, will have, for the deeds or categories of deeds for which the opportunity of support is identified, the replacement or the 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 by 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 then proceed based on a priority order. The priority is to assign the appointment to the second designated manager, in the case of non-availability of the first, or to establish a prevalence in decisions: in the event of divergences, the decision of the first support administrator will prevail over the one designated in the alternative.
The appointment can also take place through 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 Italian law an alternative measure to the disqualification and incapacitation sentence which a person can benefit from because of an illness or physical or psychological impairment in the impossibility, even partial or temporal, to provide for their own interests. This impairment must not be so serious as to be banned or disabled. Some examples of subjects to which the application of this institute can refer are: disabled subjects, alcoholics, toxic-dependent and subjects affected by cerebral stroke.
The purpose of the law is to help these people through an administrator who gives them support in order to face specific problems such as: buying, selling, renting an apartment or investing money. The support administrator is appointed by the judge by decree; the decree must indicate the deed for which the assistance of the administrator is required.
The request for the appointment of the support administrator may be made by the same person to whom the administration refers, by the spouse, by the permanently cohabiting person, by the relatives by the fourth degree, by the relatives within the second degree or by the public prosecutor. Moreover, where aware of facts that make the opening of the support administration procedure opportune, 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 a support administrator.
The appointment of the support administrator may be revoked at any time in which the conditions that generated the necessity cease to exist. The forfeiture of the function can not however be automatic, unless it is a temporary appointment, and must be ordered by the judge with a special decree following a specific instance of the person concerned, its director 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.