The recent jurisprudence of the Supreme Court before the resurgence of the roman conservatorship in order to promote that support measures for people with disabilities are proportionate and respect their maximum autonomy

Family right

Abstract

With the elaboration of this jurisprudential analysis, we intend to make known what is the most recent doctrine on the new support provision system in application of Law 8/2021 of June 2, which reforms civil and procedural legislation for support for people with disabilities in the exercise of their legal capacity. As we will have the opportunity to explain, Supreme Court Judgment 589/2021, of September 8, 2021, has been the first judgment in which the High Court has applied the new support regime to a patient with Diogenes syndrome who lived alone, he accumulated effects and food in his home that he collected from the garbage cans on public roads, and he had not gone to the doctor for years; therefore, such pathology conditioned him to take proper care of his health and hygiene, as well as the hygiene of the property in which he resided, with an obvious risk to the health of his building neighbors. And, in the case that we will examine, said measures would have an essentially welfare nature and consist of the entity designated as curator carrying out the cleaning and ordering services of the interested party's house, as well as ensuring their effective medical care.