CONSTITUCIÓN DE LA TUTELA. NOMBRAMIENTO, CAPACIDAD Y CAUSAS DE INHABILIDAD DEL TUTOR.

Abstract

The foremost of the series of institutions arranged for the protection of the person and assets of unemancipated minors and incapacitated persons is guardianship. The reform applied through Act 13/1983 of 24 October established a system of guardianship subject to official supervision. Guardianship is now essentially created by the courts, although a certain margin is allowed for the exercise of free will, as where parents appoint a guardian in a will or notarised public document or where a person who foresees becoming incapacitated in future appoints a guardian for him- or herself in a document executed while the person is still fully capable of acting legally. In this context, this study will focus on looking at the creation of guardianship, essentially as regards the guardian's appointment and the capacity and fitness that may be required of a candidate for guardianship. References will be made not only to judgments concerning the matter but also to scholarly contributions that endeavor to provide solutions for the problems arising in connection with guardianship.