The notion of cure it , which comes from the Latin word curatory, is used as a synonym for curatorship : the position of a curator (who cure or take care of something ). In the field of law, the curator is the one who is appointed through a judicial resolution to complement capacity of one who, for some reason, has a limitation on it.
In this context, curatorship is understood as legal institution that works as a mechanism for protection of an individual and his property. The conservatorship applies to adults considered disabled and, in exceptional circumstances, also to minors.
Through curatorship, the curator must to intervene in those legal acts that the subject is not in a position to perform by himself.
In other words, curatorship consists of legal representation of someone with a mental disability . Its function is of assistance, preserving the Health of the assisted and avoiding that he suffers damages in his heritage .
The curatorship can be initiated by the parents , children, spouse or other relatives of the disabled person. In the absence of them, the procedure can be requested by the public prosecutor.
It is important to keep in mind that when a person reaches the age of majority, his parents cease to have parental authority over their descendants and, therefore, can no longer legally represent him. If the disabled individual does not have a conservatorship, they are left unprotected.
In addition to all of the above, we cannot ignore other relevant aspects of curatorship:
-It will be the judicial authority that will be in charge of establishing who the curator will be.
-The curator has a position that is not only waived but can also be paid financially.
-In the event that the person undergoing curatorship has been before with guardianship, it will be established that their curator will be the one who was their guardian. In this case, the only exception is that the judge will rule otherwise.
-The legal acts that are carried out without the intervention of the mentioned curator, if necessary, will be annulled.
-The curatorship will be terminated when the subject is no longer prodigal, when he has reached the age of majority, when the one who is subject to the said conservatorship dies or when that is adopted. In the same way, that will be over when the subject recovers from his or her disability or when the declaration of the disability becomes ineffective.
Sometimes, it is often confused what is the guardianship with the conservatorship. However, we must state that there are clear differences between the two options such as these:
-Who is subject to guardianship has no capacity, however, whoever is subject to curatorship is capable but needs to have a capacity complement.
-The guardianship is reserved for cases of total incapacitation while the conservatorship for what are partial disabilities.