(1) adult minors (women over 12 years of age and men over fourteen years of age, but both under 18 years of age); The second corresponds to that which is legally intended for the absence or expiry of the will, which, as provided for by law, takes place in particular when the minor is emancipated or when the parental authority of the parents has been suspended. In order to carry out the procedures, such as the guardian of an elderly person, the legal provisions must be respected. In this case, if an elderly person is declared unfit for work, it is necessary for the judge to assign him a guardian in accordance with the priority set out in the Civil Code: (3) the impúber is emancipated (for example, in the event that he suffers habitual abuse, abandonment or has been convicted of a crime that deserves an incriminating sentence and that there is a risk to the best interests of the child). Even if the judge appoints a person as the legal guardian of an elderly person, he or she must apply for judicial authorization to perform the following actions: If the guardian or custodian acts within the scope of his or her powers or powers, his or her actions are binding on the property of the municipality. In any case, the purpose of this appointment is to provide the support and protection that the elderly person needs, so that the decision taken depends not only on this order, but also on the suitability of the candidates. Protection of the rights of older persons. Guardianship and incapacity for work For this person, in most cases a person of the family, to assume this responsibility with full legal effect, the determination of legal incapacity and the resulting appointment of a legal guardian must first be made. In these cases, the husband is the legitimate and forced guardian of his wife, and he is the guardian of her husband, or in his case will be the adult children of their parents. If there are two or more children, the one who lives with the father or mother is preferred, and several who are in the same case, the judge will choose the one that seems most appropriate.
There are other types of conservatories, as we will see later; But so far, we have been able to explain the main difference between guardianship and conservatories. If there are several guardians or curators, their responsibilities will be shared and several. In the case of older persons who do not have family members or other appropriate social supports, a legal entity (usually a guardianship or supporting foundation) may be appointed. If it is an association, it must not be for profit and the protection of persons with disabilities must be one of its objectives. As for those who can be appointed guardians or curators, it must be distinguished: in old age, it becomes more and more complicated to solve financial problems, simply because they have less energy to check and pay bills or various movements in their bank accounts. In order to protect your interests for this loss of competence, it is important to be legally well advised so that another person can take responsibility and take responsibility for that person. The person responsible for taking on the guardianship of our eldest is usually a family member who can apply for the disability and assume their responsibilities with all the legal implications. Before that, the determination of legal incapacity must be obtained with the consistent appointment of a legal guardian. The judge imposes a sanction at the end of the trial. If it considers that the person cannot take care of himself, the judgment determines the scope and limits of the modified capacity. In other words, the judge declares total disability if the elderly person cannot take care of himself or his property (guardianship), but if he believes that the elderly person can perform certain actions himself and make decisions concerning his person, he could declare a partial disability (conservatory or guardianship). In such a procedure, medical advice must be taken into account.
Similarly, family members are consulted to indicate whether they believe that the powers of the allegedly disabled person are diminished and to express which person is best placed to assume the duties of guardian or guardian. The legal guardian is the person responsible for the care of a minor or a person with a judicial disability. For the appointment of a guardian or curator, preference is given to the following: in all these cases, the appointment of a guardian is usually appropriate for the municipality. When can the judge declare an elderly person totally incapacitated? In the latter case, the appointment is requested directly or is a consequence of the sanction imposed in the context of another procedure such as prohibition, declaration of absence or inheritance of lies, among others. Guardianship is granted in the event that it is proven that our elders cannot take care of themselves or use their property properly. Save it or organize it in case they can perform certain actions themselves and make certain decisions. When choosing the guardian, the following people are taken into account: As a rule, the guardian has the following functions or duties: This situation, which worries us a priori, since we see how he loses his personal autonomy without being able to govern himself, becomes more serious if we think that this decrease in his cognitive abilities can lead to a lack of protection of the elderly person. You can buy unnecessary goods, waste money and withdraw large sums of money from your bank accounts, which is called waste, or even be fooled by third parties. Yes.
This is called impeachment and occurs when: We observe our parent, parent or grandfather as he depicts a deterioration in his memory, cannot remember what he did during the day, what medications he should take. (temporal and spatial disorientation), we see that it reduces their judgment, their ability to recognize the people around them, their family, their neighbors. as well as an erosion of other cognitive abilities that prevent him from making the right decisions to manage his person and his economic affairs. If the disabled elderly person has no family members or social support, a legal person may be appointed as guardian as a guardianship foundation. In Chile, when we reach the age of majority, most of us are able to claim our contractual rights and obligations without representing others. Although the appointment as a guardian is associated with the serious obligation of its execution, there is the excuse of the position, which can be used in the following cases: once a person is declared incapable, the judge decides who will be his legal guardian. To do this, he will obey first and foremost what the person has decided if he is looking to the future and has left in writing who he has appointed for this position. If the guardian has not appointed anyone, this will be done in accordance with the decision of the Civil Code in the order and nature of the guardian`s personal relations. In all cases, and even if it is the judge responsible for the appointment of the guardian, he must accept his position. We can highlight the following differences between tutors and curators: c) The tutor must always represent the community. In the case of the curator, in some cases, the community may be authorized by its curator. (a) The General: which extend over the person and property of the municipality.
The students of this type of board of directors are adult minors, lost persons, the mentally ill and the deaf-mute, who cannot be clearly understood. Any natural or legal person of full age and fully exercising his civil rights may be a guardian. On the other hand, a person is not able to be protected by a legal guardian if he has a criminal record, if he has bad relations with the guardian, if he is a minor or unable to work, or if he has already been deprived of another guardianship or parental authority.
