This essay considers the expansion of the application of a flexible guardianship, called “amministrazione di sostegno”, introduced in 2004, which can be tailored upon the needs of the weak person. It highlights in particular how this institute has developed through the courts' interpretation to cover different areas, including the absence of a specific national regulation of the living will. Parliament is now discussing a regulation for the living will, which does not take into account the existing rules of “amministrazione di sostegno” and their application by the Courts. Some suggestions for a different regulating approach conclude the paper.
Amministrazione di sostegno, designazione anticipata e testamento biologico
SAVORANI, GIOVANNA
2011-01-01
Abstract
This essay considers the expansion of the application of a flexible guardianship, called “amministrazione di sostegno”, introduced in 2004, which can be tailored upon the needs of the weak person. It highlights in particular how this institute has developed through the courts' interpretation to cover different areas, including the absence of a specific national regulation of the living will. Parliament is now discussing a regulation for the living will, which does not take into account the existing rules of “amministrazione di sostegno” and their application by the Courts. Some suggestions for a different regulating approach conclude the paper.
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