The powers of the guardian are stated in the appointment decree and also in any subsequent measures enacted to update the content of the protective measure.

 

 


Power of assistance  

 

If the guardian is conferred powers of assistance, it means that the guardian must limit himself/herself to assisting the disabled individual, without acting for them entirely in the performance of certain actions.

In practice, the transactions/actions for which the power of assistance is conferred are to be performed by the beneficiary with the assistance of the guardian.

Power of representation

 

If the guardian is conferred powers of representation, it means, instead, that the act may be performed independently by the guardian, without the presence of the beneficiary.

In the case of representation, the guardian has the right to act in full stead of the beneficiary in affairs concerning the latter that are

specified in the appointment decree. The beneficiary may continue to perform all other acts independently.

In the event that the guardian is granted the power of exclusive representation for certain acts, these shall only be deemed valid when performed by the guardian.

Power of care

 

Care-related tasks of the guardian, if expressly authorized by the court, include the right to acquire the beneficiary's clinical reports and records, as well as any other health-related information concerning him/her.

The guardian may be required to coordinate with healthcare and/or social service providers for any interventions aimed at the care of the person concerned and to allow for any necessary diagnostic tests and therapies.

The guardian may be called upon to grant informed consent to medical practitioners as the beneficiary's representative in limited cases:

  • when the beneficiary is unable to express wilful intention;
  • when the proposed therapeutic interventions are indispensable to save the life of the beneficiary.

Power of administrative and financial management

 

Another possible task of the guardian is the handling of the beneficiary's administrative and financial affairs.

In particular, the guardian will be required to assist or represent the interested party in performing administrative tasks such as the signing administrative documents, making tax declarations, submitting requests to offices and agencies for financial and/or healthcare assistance, and for personal data registries. As far as the financial aspects are concerned, the guardian may be required to manage and keep records of the beneficiary's personal property and real estate assets.

Power of representation in legal proceedings

 

Upon request of the guardian, the guardianship judge may confer him/her powers of representation to perform acts relating to civil or criminal proceedings to which the beneficiary is a party 



Acts requiring express authorization of the guardianship judge

 

Any act for which the appointment decree does not stipulate replacement or assistance by the guardian may be performed by the beneficiary personally.

 

If the appointment decree limits the beneficiary's ability to carry out acts under the adjudication pursuant to Articles 374 and 375 of the Italian Civil Code, these require the prior authorization of the guardianship court as they cannot be performed at the discretion of the guardian or the beneficiary. Examples of such acts include:

 

  • the purchase or transfer of movable or immovable property that is beyond the limits imposed by the adjudication;
  • raising capital
  • paying off or taking out liens or mortgages
  • receiving or waiving the right to inheritance
  • accepting donations
  • entering into contracts with terms longer than nine years