An important legal problem in Spain: the curatorship as possible benefit of the special trusteeship estate

Abstract

According to Law 41/2003 of Patrimonial Protection of Persons with Disabilities, in Spain any person with children or disabled descendents could establish trusteeship estate in the case of the heir’s death before the assets of the estate are entirely extinguished. According to mentioned Law, concept of person with disability includes as guardianship as curatorship, what means that the recent case law supposed to protect also a curatorship. Was that the real intention and motive of legislation of this law in 2003? Why the legislator didn’t establish rule which would protect just tutors (guardianship), like it is established in Italy?