Mental incapacity in Spain, what to do

Unfortunately, it is not uncommon for people, particularly as they get older, to suffer from mental incapacity.  Equally, of course, this sad state can occur through severe accidents. Either way, mental incapacity in Spain can lead to many problems for relatives and friends.

However, all is not lost!

Spain has a system for dealing with mental incapacity in Spain (just as there is in the UK).  This system is effective and provides for an Executor to be appointed to look after the affairs of the person with mental incapacity.

If someone is mentally incapable then a court must be approached and the person concerned checked.  If they are proved to be mentally incapable then the court will formally declare this and appoint an Executor who will be under a very strict duty of care in looking after and disposing of the assets of the mentally ill person.

Indeed, the Executor appointed has to inform the court annually of exactly the state of the mentally ill person’s assets.

If you are facing the problem of a close friend or relative who is mentally incapable in Spain (or likely to be) then please feel free to contact me for more advice on what to do…

Carolina Just Miro – Gandia Lawyers

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