Who is he and how to become a legal guardian
The legal guardian is a form of protection, provided for by the Italian Constitution, in favor of subjects deemed incapable of acting home page. It is a real tool aimed at protecting the weakest people, who have the possibility of using a subject who acts on their behalf.
The legal guardian takes over in various cases, from children under 18 to the elderly, prisoners and the infirm: in fact all those subjects who are in a state of disqualification. Before understanding what the powers and functions of a legal guardian are, it is essential to also know who he is, who can do it and how he is appointed.
Legal guardian, who is it?
The guardian is to all intents and purposes a legal representative whose role is to take care of the patrimonial and non-patrimonial interests of a subject who is in a disadvantaged situation, because he is considered incapable of acting.
The protection that the guardian exercises can be applied to minors under the age of 18, when the parents are deceased or cannot fulfill their role; to interdicts, in this case adults who are in a state of infirmity which precludes the possibility of looking after their own interests independently.
This category includes, for example, the legal guardian for an elderly person, when the elderly person is unable to act.
This category also includes the legal guardian for a prisoner, in cases where:
- an individual has been sentenced to life imprisonment and in this case the legal interdiction and the loss of parental authority take over;
- an individual has been sentenced to more than 5 years in prison and takes legal disqualification as an additional penalty.
The legal guardian can also be a family member and can be indicated in the will, directly by the interested party.
How to become a legal guardian
The appointment of the legal guardian takes place through the guardianship judge, who identifies a suitable person with impeccable conduct, among:
- the person indicated in the will or private agreement;
- relatives, including grandparents, uncles, brothers/sisters or parents.
In the absence of relatives, the judge can make use of the collaboration of associations and welfare bodies.
On the other hand, legal guardians cannot be appointed for persons directly excluded from the parents, minors, anyone who may have a conflict of interest or a dispute with the interested party, those who have already been removed from the position of guardian and bankrupt subjects.
The guardian does not receive any type of remuneration, the judge can only identify a refund, if the requested function is particularly complex.
Legal guardian: powers and functions
But what does a legal guardian do and what are his powers?
First of all it is important to know that immediately after the appointment, a legal guardian will take an oath in which he will declare himself fully aware of incurring penalties if he fails to fulfill his duty to her.
In general, care must be taken of the minor and the interdicted, protecting their interests, representing them in the documents, administering their assets and accounting. The legal guardian can make decisions regarding the person to be taken care of, with the exception of some acts for which the authorization of the judge is required, including:
- the investment of capital or the acquisition of shares;
- purchase of non-primary goods necessary for daily activities;
- acceptance or renunciation of inheritances or gifts;
- lease of real estate for more than 9 years;
- to make judgments.
On the other hand, the authorization of the court is required, on the opinion of the guardianship judge for the following acts:
- constitution of pledges or mortgages;
- entering into compromises or transactions;
- alienations of the assets of the protected, both onerous and free.
Acts performed without the correct authorizations are considered null and void
At any time, a legal guardian can be dismissed from his role and lose all rights to guardianship, in the event of gross negligence, abuse of powers or insolvency, after 10 years of guardianship with the exception of family members, or if the lawsuit ends of the ban.
All this is regulated by article 384 of the Civil Code and the decree of revocation of the guardian can be requested by the juvenile court and by the collegiate court.