Personal capacity
Incapacitation, disablement, guardianship
These are civil law institutions aimed at protecting persons not having, in whole or in part, autonomy in performing the functions of daily life, by way of temporary or permanent support interventions.
Incapacitation is envisaged in order to protect adults and emancipated minors who find themselves living in conditions of habitual mental illness, which renders them incapable of looking after their own interests.
A guardian, appointed by the court, will replace the incapacitated person in completing all acts of both ordinary and extraordinary administration.
Disablement is, on the other hand, envisaged to protect adults suffering from mental illnesses, whose condition is not, however, so severe as to give rise to incapacitation. An administrator, appointed by the court, shall assist the disabled individual in acts of extraordinary administration.
The guardianship is aimed at protecting individuals who, by virtue of an illness or a physical or mental impairment, are unable, even only partially or temporarily, to look after their own interests, as in the case of the elderly. A guardian appointed by the court will take care of the beneficiary and his or her assets as part of the powers attributed to him or her by the Judge protecting the guardianship in the decree of appointment.
