“Amministrazione di sostegno” is a legal instrument recently brought into the civil code (l. n. 6/2004) to protect disabled people in a way suited to the special needs of each person and with the minimum reduction of autonomy and legal capacity. The mobile boundaries of this institute caused contrasts in the interpretation given by judges. This paper analyzes (and aims to give answers to) the major controversial issues arisen. In particular it considers: the proceedings, the beneficiary’s subjective conditions, the powers of the appointed guardian, “amministratore di sostegno”, the problems concerning beneficiary’s consensus on medical treatment or on admission to institutional care and those regarding the management of the beneficiary’s economic resources. Last of all the paper suggests some amendments to the existing rules for a more efficient system of protection.
Le mobili frontiere dell'amministrazione di sostegno: spunti per una revisione del sistema di protezione della persona
SAVORANI, GIOVANNA
2006-01-01
Abstract
“Amministrazione di sostegno” is a legal instrument recently brought into the civil code (l. n. 6/2004) to protect disabled people in a way suited to the special needs of each person and with the minimum reduction of autonomy and legal capacity. The mobile boundaries of this institute caused contrasts in the interpretation given by judges. This paper analyzes (and aims to give answers to) the major controversial issues arisen. In particular it considers: the proceedings, the beneficiary’s subjective conditions, the powers of the appointed guardian, “amministratore di sostegno”, the problems concerning beneficiary’s consensus on medical treatment or on admission to institutional care and those regarding the management of the beneficiary’s economic resources. Last of all the paper suggests some amendments to the existing rules for a more efficient system of protection.
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