Flessibilità dell'amministrazione di sostegno e limiti alla discrezionalità del giudice nel conformare il provvedimento di protezione

Twenty years after the introduction of the Support Administration into our Legal System, the ECtHR criticizes its application for violation of art. 8 ECHR since "protection measure adopted against a person capable of expressing his will must reflect that will as much as possible". This statement leads us to reflect on the future of the Support Administration, which some would like to become the only instrument for protecting vulnerable people in our Country; this possible reform would increase the flexibility of the Support Administration and, consequently, the workload on Guardianship Judges. To guarantee respect for the dignity and self-determination of the beneficiary it would be necessary both to strengthen the offices of guardianship judges, something not foreseen up to now by the Cartabia reform, and to expand home health services, for the care of fragile subjects at home, an innovation not achievable at zero cost.