The notion of curatorship , which comes from the Latin word curatoria , is used as a synonym for curatorship : the position held by a curator (who cures or takes care of something ). In the field of law, a curator is called someone who is appointed through a judicial resolution to complement the capacity of someone who, for some reason, has a limitation on it.
Conservatorship, in this framework, is understood to be the legal institution that functions as a protection mechanism for an individual and their assets. Guardianship applies to adults considered incapacitated and, in exceptional circumstances, also to minors.
Through conservatorship, the curator must intervene in those legal acts that the subject is not in a position to carry out on his or her own.
In other words, conservatorship is the legal representation of someone with a mental incapacity . Its function is to assist, preserving the health of the assisted person and preventing them from suffering damage to their assets .
Conservatorship can be initiated by the parents , children, spouse or other relatives of the incapacitated person. In the absence of them, the procedure can be requested by the public ministry.
It is important to keep in mind that, when a person reaches the age of majority, their parents no longer have parental authority over their descendant and, therefore, can no longer legally represent them. If the disabled individual does not have guardianship, he or she is left unprotected.
In addition to everything indicated, we cannot ignore other relevant aspects about conservatorship:
-It will be the judicial authority that will be in charge of establishing who will be the curator.
-The curator has a position that is not only resignable but may also be financially remunerated.
-In the event that the person subject to conservatorship has previously been under guardianship, it will be established that their curator will be the one who was their guardian. In this case, the only exception is that the judge will rule otherwise.
-Legal acts that are carried out without the intervention of the aforementioned curator, if necessary, will be annulled.
-The guardianship will end when the subject is no longer prodigal, when he or she has reached the age of majority, when the person subject to the aforementioned guardianship dies or when he or she is adopted. In the same way, it will end when the subject recovers from his incapacity or when the declaration of this becomes void.
Sometimes, guardianship is often confused with conservatorship. However, we have to state that there are clear differences between both options, such as these:
-Whoever is subject to guardianship does not have capacity, however, whoever is subject to guardianship is capable but needs to have additional capacity.
-Guardianship is reserved for cases of total incapacity while conservatorship for partial disabilities.