LA CURATELA Y EL DISCAPACITADO DESDE EL PRISMA DEL «PRINCIPIO DEL SUPERIOR INTERÉS DE LA PERSONA CON DISCAPACIDAD». ESTUDIO JURISPRUDENCIAL.

Abstract

Guardianship, reinterpreted in the light of the New York Convention, is one model for providing support and assistance. The rule of the higher interest of the person with disabilities, which is a general rule of our legislation, insists that the ward must continue to maintain his or her personality but requires someone to supplement his or her capacity. This supplementary person is there precisely to protect the ward's personality under the same conditions as other people, so as to enable the ward to exercise his or her capacity to act in different situations, always in the shortest possible time, by means of regular controls.