LA CURATELA COMO INSTITUCIÓN DE PROTECCIÓN EN EL MARCO DE LA CONVENCIÓN SOBRE LOS DERECHOS DE LAS PERSONAS CON DISCAPACIDAD.

Abstract

The guardianship is a guard's institution that is not orchestrated to replace the aptitude to work from the submitted one to she (emancipated minors or that will obtain the benefit of the major age, incapacitated and, bountiful) since it happens with the guardianship, but his labor is of assistance, complementing the capacity in those acts that the law, or the judgment of incapacitation or that declares the prodigality they demand the intervention of the healer. It is a question of an institution that it answers to the model of measures of support under judicial supervision designed by the Convention on rights of the persons with disability, so, it is respectful with the exercise of the aptitude to act of the person, answers better to the interest of the person with disability, giving predominance in certain way to the autonomy of the will in the configuration of the measures of support and assistance, and, in addition it is constituted on the structure of an adjustable frame that bears in mind the needs and circumstances of the person at the moment of determining the margin of his action in the capture of decisions in the personal or patrimonial sphere. Of there, the need of an analysis of the figure delimiting clearly his field of action and his operability I concern of other juridical figures.