Mental incompetency, legal incapacity and legal guardianship are concepts that the law provides for in the event of a person’s total or partial disability. It is important to speak to a notary who, thanks to his special knowledge of the subject, is able to advise family members on solutions.
In particular, legal guardianship (“amministrazione di sostegno”) is a modern institution that is elastic enough to protect those partially incapable or disabled, and which takes into account the need to respect and value their remaining capacity to act. Anyone can nominate their own legal guardian in anticipation of a possible future incapacity, by signing a public deed or authenticated private document before a notary.
