The administrative protection of dependents

15 de enero de 2019

A public entities it bears the administrative supervision of minors that had been declared in distress.

In particular, the public entity that, in the respective territory, is entrusted the guardianship of the dependents when any of the persons referred to in Article 234 is appointed guardian, will assume by operation of law, the protection of the incapacitated or when it found in distress.

A lack of provisions that develop it raises delicate issues of interpretation. From the outset, it seems that the provision is connected with article 49 of the Constitution.

With the legal foundation exposed and thinking in the elderly with degenerative diseases is attributed to the Administration the protection of mediating incapable either of the following two circumstances:

1) The dependents is in need of protection.

2) That there be appointed guardian of the dependent one of the persons referred to in Article 234 of the Civil Code, that is, not the people the protected himself had designated for that purpose, or the spouse of the disabled, or their parents, or the person they have designated, or a descendant, parent or sibling of the ward.

In view of the inadequate legal regulation granted to the administrative protection of the disabled, it can be said that the reform has been limited budgets lay a system of administrative control over the protection of the disabled, relegating determining refereed channels to implement the system established.