Order No. 16052 of 2024: Representation in Support Administration

The recent order No. 16052 of June 10, 2024, from the Court of Appeal of Turin provides significant insights into the delicate balance between a person's capacity to act and the restrictions imposed by support administration. This ruling delves into the applicability of Article 1722 of the Civil Code, which addresses the effectiveness of powers of attorney in the presence of a legal incapacity condition.

The Regulatory Context of Support Administration

Support administration is a legal tool aimed at protecting individuals who, for temporary or permanent reasons, cannot manage their affairs independently. The Court emphasized that the power of attorney granted by the beneficiary before the appointment of the administrator becomes ineffective concerning acts for which the guardianship judge has established restrictions. This principle is fundamental to ensuring that decisions regarding an incapacitated person are always supervised and controlled.

Support administration - Applicability of Article 1722 of the Civil Code - Only to acts expressly indicated by the guardianship judge - Basis. In the context of support administration, the power of attorney with which the beneficiary, before the appointment of the administrator, has conferred powers of representation to the latter or a third party becomes ineffective pursuant to Article 1722 of the Civil Code, with regard to the only acts for which the guardianship judge has extended the restrictions and lapses established by law for the interdicted and incapacitated, as the purpose of the norm is to affirm that no voluntary power of attorney can continue to have effect at the moment and to the extent that the capacity of the principal to act is limited.

Implications of the Ruling

The ruling in question clarifies that the will of the principal, expressed through a power of attorney, cannot prevail over what is established by the guardianship judge. This aspect is crucial to prevent abuses and ensure the protection of vulnerable individuals. The ineffectiveness of powers of attorney, as established by Article 1722 of the Civil Code, serves to protect the interests of the beneficiary and to preserve their dignity and autonomy, even when they are unable to fully express their will.

  • The power of attorney becomes ineffective when the guardianship judge imposes restrictions.
  • Decisions must always be validated by the judge to ensure the protection of the beneficiary.
  • The norm aims to avoid conflicts between private wills and the need for legal protection.

Conclusions

In conclusion, order No. 16052 of 2024 represents an important reminder of the need for a balance between individual freedom and legal protection. The Court of Appeal of Turin, through this ruling, reaffirms that the protection of incapacitated individuals must prevail over any pre-existing power of attorney. This not only strengthens the role of the guardianship judge but also ensures that any action taken on behalf of a vulnerable individual is in line with their interests, thereby preserving their dignity and rights.

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