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In May 2021 in Spain there is a major modification of the legislation in relation to the exercise of the capacity to act of people with disabilities with the approval of Law 8/2021, of June 2. This modification, with the aim of adapting the Spanish legal system to the International Convention on the Rights of Persons with Disabilities, introduces new institutions and modifies or discards the old ones.
This reform has advantages and disadvantages, on the one hand, it has the objective of changing the mentality of the system as a whole to give the disabled people living conditions in the new period that opens at this time as disabled according to the highest standards. of decision-making and determination of one's own will that the individual and the specific case can allow. This is the greatest advantage offered by the new legislation, people who were previously completely constrained by legislation that allowed little freedom in the face of incapacitation and in practice completely limited their ability to act. Now they will have legislation that tries to reflect reality and that can be adapted to the needs of each case. This is the direction in which the reform is going, putting the rights, the will and the preferences of the incapable person before the possible situations of defenselessness to which they may be subjected and even to the abuses they may suffer from family members and people close to you due to a conflict of interest or due influence who are probably trying to benefit from it to put themselves in a more advantageous position in the face of an inheritance. In this way we will no longer go first to the judicial incapacitation procedure, which has been suppressed by voluntary measures to which it is intended to give greater importance, we will only go to the procedure if there is opposition. The figure of the de facto guardian also appears, who identifies with who cares for the person with disabilities without a judicial appointment, it is useful for many people with disabilities for whom this figure is sufficient, which gains importance under the new regulations.
As drawbacks, we must mention that the new situations that are foreseen and are intended to be more adjusted to reality lead to a de facto confusion in cases in which the individual's incapacity manifests itself sporadically in short periods and not at all defined. This collides with the purpose of asserting the will of the individual by allowing him to participate in his own decisions, giving him a certain capacity to act when we do not really know to what extent he is the owner of his will.
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