La firma del contrato de ingreso en residencia por el guardador de hecho a la luz de la ley 8/2021, de 2 de junio, por la que se reforma la legislación civil y procesal para el apoyo a las personas con discapacidad en el ejercicio de su capacidad jurídica

Resumen

Law 8/2021, of June 2, which reforms civil and procedural legislation to support legal persons in the exercise of their legal capacity (LAPCD), grants de facto custody a leading role as a measure informal support for people with disabilities who need it. The LAPCD's Statement of Motives highlights the reinforcement of this figure, which becomes its own legal institution of support, by ceasing to be a provisional situation when it is manifested as sufficient and adequate for the safeguarding of the rights of the person with disability. The LAPCD recognizes that reality has shown that, on numerous occasions, the person with a disability is or has been adequately assisted or supported in decision-making and the exercise of their legal capacity by their de facto guardian, who is normally a family. The trust that the legislator now grants to the guardian in fact translates into the interest that it remain as long as it is sufficient and works efficiently, to the point that, for cases in which the guardian is required to perform a representative action, In the first place, the need to obtain an ad hoc judicial authorization is foreseen, so that it will not be necessary to open a whole general procedure for the provision of support, but rather that the authorization for the case will be sufficient, after examining the circumstances. Secondly, the reform recognizes the de facto guardian representative functions when he has to carry out actions of little economic relevance or when he has to request an economic benefit for the person he assists, without the need, in these two cases, of having to request judicial authorization, which leads us to ask ourselves if you must do so to process a place in residence and, where appropriate, sign the corresponding admission contract –or attendance at a day center– on behalf of the person under your care, if it cannot sign by itself or with the other supports referred to in the law.