LOS PISOS TUTELADOS COMO ALTERNATIVA DE ALOJAMIENTO A LOS ESTABLECIMIENTOS RESIDENCIALES DE PERSONAS MAYORES: CUESTIONES SOBRE SU RÉGIMEN Y NATURALEZA JURÍDICA.

Abstract

This paper looks at supervised flats as a alternative to institutional homes for the elderly, in an attempt to enable the elderly to remain in a familiar environment and thus avoid alienation and institutionalisation. Since authority over social services belongs to Spain's autonomous communities (regional govern ments), one may easily suppose that the regulations on the subject vary widely from community to community, although they all agree on one thing: Only autonomous persons, that is, persons who are able to handle the basic tasks of daily life for themselves, may gain access to supervised flats. The one exception is the Canary Islands, whose regulations are so very different from those of the rest of the communities looked at here that they make this housing alternative more closely resemble a shelter than a supervised flat. The paper analyses the legal nature of the contracts that residents must sign, in terms of the rules in some communities. The Principality of Asturias, for example, explicitly requires a lodging agreement to be signed. The legislation in force in the Community of Madrid, on the other hand, refers simply to the signing of «a document»; but, since rights and obligations for both parties arise from that document, everything seems to indicate that the document is a contract. The issues lies in determining what kind of contract it is. This matter is looked at with all due care here, attempting, in addition, to determine what right the resident gains under the contract, since the contract is gratuitous. This article takes up the study of these and other points, such as access requirements, rights and obligations.