Protection of a disabled person

No matter how hard the legislator tries, the legislation can never fully meet the moral and economic needs of the weaker party it is intended to protect. Each case is unique and only parents are able to fully understand what their child needs. In addition, due consideration must be given to the reasons why family members do not wish to initiate proceedings for interdiction or incapacitation, believing that they are damaging the dignity of their relative. On the other hand, there are cases in which, despite the presence of a serious physical handicap requiring continuous appropriate assistance, the conditions for interdiction or incapacitation do not exist. A trust for the benefit of the weak is a deed of trust in which the parents indicate the purpose of the trust, the persons involved and their respective roles. The trust constitutes a correct alternative to the current rules, allowing assets to be allocated in favour of a person who is incapable of managing them himself, so that the benefits derived therefrom are used in the sole interest of the weak person.

 

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