Aplicación jurisprudencial de la Ley 8/2021 en materia de capacidadprincipios generales y medidas de apoyo

Abstract

This dossier sets out the key points covered by case law in application of Law 8/2021, of 2 June, which reforms civil and procedural legislation with a view to supporting people with disabilities in the exercise of their legal capacity. Also covered is the question of whether or not setting up a curatorship is appropriate when there is a functioning de facto guardianship, as well as the effective authorisation of a de facto guardian and the limitations thereof. In addition, the effective application of the basic principles behind the reform is considered, namely the principles of necessity and proportionality and, above all, respect for the will, desires and preferences of the individual in need of support. This implies addressing the issue of whether or not support measures should be set up against the will of the interested party, and if so, according to what criteria.