Legal experts analyze the new conservatorship and its legal implications

rose marquez

Two years have passed since the approval of Law 8/202, a new regulation that reformed civil and procedural legislation to support people with disabilities in the exercise of their legal capacity. On the occasion of this anniversary, the Rey Juan Carlos University has dedicated one of its summer courses to the analysis of the changes introduced in the new legislation.

Before the implementation of this law, a judge had the power to determine that a person with intellectual or physical disabilities was not in a position to exercise their legal rights and, therefore, a guardian was appointed to make decisions on their behalf. However, with the new regulations, guardianship is replaced by support measures such as conservatorship and judicial defender, which are less restrictive and allow people with disabilities to have more control over their lives.

˝The objective is, first of all, to make people with disabilities aware of their rights, but also to the professionals who work in this field”, explains Javier Pallarés, professor of Law at the URJC and co-director of the course together with Montserrat Pereña . "The call has been a great success, more than 150 people from all over Spain have registered, there are students who have come from Valencia, the Balearic Islands or the Canary Islands."

The course was given yesterday and today, June 29 and 30, on the Madrid campus, with the participation of professors, legal experts and professionals from the Manantial Foundation, created in 1995 by family associations to improve the social and health care of people with mental health problems. Along with the presentations, there will be discussion tables where, among other topics, the extension and limits of the conservatorship, the judicial decisions issued to date or the de facto guard will be discussed.