Incapacitation and guardianship lawyers in Malaga

Disability and guardianship law firm in Malaga

Lawyers specializing in family law: judicial incapacities, guardianships, conservatories, etc.

We are a Malaga law firm specialized in family law, offering our services to people who need to initiate an incapacitation procedure and their close loved ones. We work with important professionals within the sector such as doctors, experts, social workers, etcetera; in addition to our specialist lawyers. If you need an office to accompany you throughout the incapacitation judicial procedure, you can count on us.

Judicial incapacitation procedure

What is a judicial incapacitation procedure and what are its effects?

Judicial incapacitation is a legal procedure established in the Spanish Civil Code that is used to ensure the protection of people with mental illnesses or disabilities. If the incapacitation procedure is not carried out, the people who suffer from these problems may consider squandering their assets by themselves or being deceived by third parties in bad faith. In order to avoid these serious consequences, with the incapacitation procedure a legal guardian or curator is appointed who will have the obligation to look after the interests of the sick person, all with the public supervision of a judge and the Public Prosecutor's Office.

With the declaration of incapacity of the sick person and the appointment of a guardian or curator, it is achieved that any operation of great economic magnitude related to the incapacitated person can be reviewed by him, the judge and the Public Prosecutor's Office. The guardian or curator, in turn, may receive a basic economic remuneration for the work of managing the assets of the incapacitated person, and will have the obligation to make annual reports on the evolution of the health and economic status of their ward.

What are the differences between a guardianship and a conservatorship proceeding?

The guardianship and conservatorship procedures are practically identical except for one main exception, which is that the sentence declaring the guardianship will determine a total incapacitation while when a guardianship is declared the incapacitation will be partial or only for some operations. That is to say, with the guardianship the disabled person will not be able to carry out any economic activity whatsoever, all contracts or agreements that he carries out are null and void. With the conservatorship, on the other hand, the sentence can partially limit which operations can be carried out by the incapacitated person and which others must be reviewed by their conservator. Examples of these last limitations can be sentences with which it is determined that the incapable person cannot carry out operations exceeding 100.000,00 euros in value, or by which it is expressed that he cannot sell his real estate, or some quite frequent in some cases due to which limits the possibility of contracting or acquiring loans of any kind.

Thus, depending on the degree of illness and the needs of the incapacitated person, it will be more convenient to use guardianship or conservatorship. The general thing, except for quite clear exceptions, will be to use the guardianship procedure.

How do we develop our legal services?

As we are specialists in the sector, we have the possibility of working on disabilities from any perspective. The most usual case will be the one in which one or more of the incapacitated person's loved ones want to initiate the procedure and name one or more of them as their guardians, and of course our work here will be limited to carrying out the necessary paperwork and documents so that everything is carried out effectively. On some more specific occasions there will be legal discussions between relatives to be guardians, and our defense will focus on demonstrating that our client is the most suitable person to obtain the guardianship of the incapacitated person. Finally, and in less frequent but equally valid cases, our services will focus on defending the incapacitated person, especially when he considers (and we see reliable evidence) that he does not deserve a declaration of judicial incapacity.

Other frequently asked questions about our services

What are the prices for your services?

Our prices depend largely on the specific circumstances of each case, since the complexity and work of each matter can be very different. However, in general we can state that most cases have a price in our office of between 1.400-2.000 euros with taxes and attorney's fees also included.

Once we carry out the concrete study of the case, we will send a completely clear and exact budget, so that the client will be able to decide freely after receiving it whether or not they want to work with us.

What other expenses does the procedure have?

Again, they depend on each case. A medical report will always be required to determine the illness (or not) of the incapacitated person and their possibility or impossibility of carrying out meaningful economic operations. The medical report can be issued by the public Health Services, but in some specific cases it will be useful to obtain a report from a private medical expert. In these cases, therefore, it will be necessary to make this expense.

After the declaration of guardianship or conservatorship, it will be necessary to make, normally once a year, reports on the economic and health evaluation of the incapacitated person. These reports can be made by the tutor himself without the need for a lawyer, but if they want to be ordered from our office, the approximate cost will be 200 euros with taxes included.

Do you carry out any kind of preliminary study of the case before starting the service?

Of course. Before starting with the matter we will have to have all the documentation and information of the matter available, so that we can decide before starting whether or not there are possibilities of obtaining a favorable judgment of the case. Once we analyze this documentation, we will offer a completely clear and honest opinion on the possibilities of the matter, so that clients have all the information before deciding whether to work with us.

This study of the documentation and issuance of the opinion has no cost.

How can I contact the firm?

You can send us a letter through the contact form on the right or use the following information to contact us. Through them you can make personal or telephone appointments with our office to send us the documentation of your matter and tell us about your case. And from there, once we have sent you our specific budget, you can decide whether or not you want to continue with us.


952 916 002