Enduring Power of Attorney: Guardianship in Italy

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The advocate was very committed and (which is the most important) successful.

Nathalie Gysi
04 Nov 2024

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Service Details

Enduring Power of Attorney: Guardianship

This service is available across Italy

Who would find this Service useful?

This service is particularly beneficial for elderly individuals in Italy who are facing challenges due to dementia or other incapacitating conditions.
It is designed to assist those who may not fully manage their personal and financial affairs due to their diminished capacity.

Procedure: Our Approach

Initial Assessment: The process begins with a comprehensive evaluation of the individual's personal and financial situation. This assessment helps in determining the most appropriate legal measure for protection.
Judicial Determination: Based on the assessment, a judicial authority decides on the suitable protective measure, considering the individual's degree of incapacity and overall circumstances.
Appointment of a Representative (for General Power of Attorney): If the individual is capable of making decisions, a representative is appointed to manage ordinary administrative matters. This requires the individual's capability to understand and make decisions at the time of appointment.
Notary Involvement: The appointment of a representative for general power of attorney must be done before a Notary, who may request a medical certificate attesting to the individual's decision-making capacity.
Appointment of Support Administrator (Amministrazione di Sostegno): For those who cannot manage their affairs, a support administrator is appointed by a judicial decree. This administrator handles both ordinary and extraordinary management tasks, while the individual retains autonomy for certain acts.
Annual Reporting and Judicial Oversight: The appointed administrator, curator, or guardian carries out specified activities under the oversight of the Tutelary Judge, providing annual reports on their actions and seeking authorisation for extraordinary administrative acts.

Benefits of this Service

Rapid and Effective Response: Our service ensures a quick and efficient response to address the legal and supportive needs of the elderly, especially in cases of emergency or urgent situations.
Dignity and Well-being Preservation: We prioritise the dignity and overall well-being of the elderly, ensuring that their rights and personal interests are respected and protected.
Multidisciplinary Expertise: The service boasts a team of professionals including lawyers, social workers, and psychologists, providing a holistic approach to each case.
Prevention of Abuse and Mistreatment: Our approach actively focuses on preventing and addressing situations of abuse, mistreatment, or exploitation of the elderly.
Personalised Support: Each case receives personalised attention and tailored solutions, ensuring the best possible outcome for the individual and their family.

Key Features of this Service

Legal Protection Measures: This service offers three primary legal protection measures for the elderly in Italy:
Amministrazione di sostegno (Administration of Support): A judicially appointed administrator assists the elderly who cannot fully manage their personal and financial matters.
Inabilitazione (Disqualification): Legally declared reduced capacity for adults, unable to fully take care of their interests due to mental or physical conditions.
Interdizione (Interdiction): For individuals with habitual mental illness, a guardian is appointed to manage their affairs, similar to the legal capacity of a minor.
Comprehensive Legal and Supportive Aid: In cases of abuse, mistreatment, or rights violations, the service collaborates with authorities and qualified professionals to ensure rapid and effective interventions.
Multidisciplinary Approach: The service is bolstered by a team of lawyers, social workers, and psychologists, providing a complete and personalised support system for vulnerable elderly individuals.
Proactive Safeguarding: The service actively monitors and intervenes in situations of abuse, mistreatment, or exploitation, ensuring the safety and well-being of the elderly.
Holistic Support: Combining legal representation, administrative support, and continuous monitoring, the service aims to protect the rights and dignity of elderly individuals with dementia.

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include: