Legal Regime of Caregiving for Adults12 February, 2019
The new legal regime of caregiving for adults, established by Law 49/2018, of August 14, entered into force on 10/02/2019. This new regime introduces several changes in civil law, but the one that deserves greater prominence is the extinction of the figures of interdictions and incapacitation.
Under this new regime, persons over 18 years old who, because of health, disability or behavioral reasons (e.g. alcoholism), cannot full exercise their rights, are entitled to benefit from this status of caregiving for adults, which shall be ordered by a court.
One of the main differences between the figure of the caregiving for adults and the now extinct interdiction and incapacitation is that the first must be residual, although it is always subject to a case-by-case analysis, from which may result in the judicial decision of a greater or lesser interference in the life of the person under care, according to his personal circumstances. Consequently, it will always be necessary to take into account the judicial decision to verify whether the person under care can autonomously exercise his rights (for instance, if he can carry out parental responsibilities or manage his own assets without the assistance of the carer). The content of the judicial decisions that order the application of the caregiving for adults figure is communicated to the civil registry and recorded on the birth certificate of the concerned person.
Those who have been appointed as tutors under the now extinct regimes of interdiction and incapacitation are designated as carers and subject to the legal regime of the caregiving for adults. However, in these cases, both carer and persons under care, as well as the Public Prosecutors, may request a reevaluation in order to assess whether the conditions for caregiving for adults are maintained under the new regime.
Nuno Nogueira Pinto