Law 8/2021, of June 2, a fundamental regulation that reforms civil and procedural legislation to ensure adequate support for people with disabilities in the exercise of their legal capacity.
Law 8/2021, of June 2, which reformed civil and procedural legislation to support persons with disabilities in the exercise of their legal capacity, which came into force on September 3 of that year, has meant an adaptation of the legal system to the International Convention on the Rights of Persons with Disabilities (New York, 2006).
We highlight the following articles of the Convention:
Art. 3: “Basic principles the independence of persons, individual autonomy and their freedom to make their own decisions”.
Art. 12: “Persons with disabilities have the right to recognition everywhere as persons before the law on an equal basis with others in all aspects of life”.
- Making a will
- Getting married
- Obtaining a permit
- Voting (Integrated in 2018)
The support measures that can be adopted for the exercise of legal capacity are as follows:
They are those established by the person him/herself, according to his/her current or future needs. They are made in public deed with the advice of the Notary and are registered in the civil registry. We can find the following:
When there are not enough voluntary support measures or de facto guardianship being exercised effectively, and the person with a disability requires formal and continuous support. They can be of different character:
