The legal regime of guardianship after law 8/2021, of June 2

Abstract

The reform operated by Law 8/2021, of June 2 supposses the adaptation of our legal system to the International Convention on the rights of persons with disabilities, made in New York on December 13, 2006. Thus a change is imposed fron the system of sbstitution in the decisión-making of people with disabilities in forcé until now, to another base don respect for the will and preferences of the person who, as a general rule, will be the one to make their own decisión and in addition, for the adoption of system of support measures that are futermore to those of voluntary nature, de facto guardianship, curatoship and judicial defender. Therefor, guardianship, with its traditional representative function, is reserved for non-emancipated minors who are not protected though parental authority, eliminating from scope of disability such as extended parental authority and rehabilitated parental authority. The present study is going to center on the lagl regime of guardianship as a guardianship instructión for minors not emacipated after the aforementioned reform.