GUARDIANSHIP? EVENTUAL SUPPORT FOR THE DECISION-MAKING PROCESS? CASE STUDY OF MS. BETTENCOURT, MR. SORDI, MR. DI STÉFANO

Abstract

The question addressed in this Study attempts transposing the Un Convention on Rights of Persons with Disabilities, in which, on the occasion of the statement that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. There is an intention of removing the concept of Guardianship itself, and therefore, the legal representation held by the Guardian, to be replaced instead by a support-based system in the decision-making process. This study analyzes three illustrative cases: Liliane Bettencourt's one, Aurelia Sordi's one, and Alfredo di Stefano's case. In the three of them, Senility put the three of these individuals in a significant degree of vulnerability; and therefore, becoming subjects of abuse by their trusted nearby people. It is herein argued that in all these cases and some others alike that will not be commented in this study, Guardianship still remains as a very useful legal tool for Protection. Alongside with it, some other considerations are also made regarding these people's lack of freedom at the time of giving contractual consent in favour of others; and by doing so, the subsequent nullity or void ability in respect of possible further businesses that may be taken by the trusted individuals.