Question by: Danuta Mazza | Last updated: January 8, 2022
Rating: 4.6 / 5
When you can request it
The intervention of the support administrator is requested for people unable to make decisions independently such as: disabled people, elderly people who are no longer self-sufficient, people affected by cerebral stroke, alcoholics and drug addicts.
When is a support administrator needed?
The law provides for the appointment of a support administrator for the person who is in a state of infirmity or physical or mental impairment that does not allow him, even partially or temporarily, to take care of himself and his interests.
How much does it cost to be a support administrator?
The process of appointing the support administrator has no cost. In fact, there are no registration fees or the unified fee for registering the application. Only the € 27 duty stamp is due.
Who can be appointed as a support administrator?
He is appointed by the Tutelary Judge with a motivated decree, and, following the appointment and the contextual oath, the support administrator will have the task of assisting, providing assistance and possibly representing the beneficiary for all those acts provided for in the appointment decree.
How to become an elderly person’s support administrator?
The appeal to the court to ask for the support administrator can be brought by the children or the spouse without the need for a lawyer. Ideally, the appointment would fall on one of the children or another trusted relative. Failing that, the judge can also appoint a third person or a lawyer.
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What needs to be done to be a support administrator?
The support administrator is a figure who has the task of helping a person – suffering from a physical or mental impairment from an illness – to better manage their interests, without however interfering with their choices or limiting their ability to act. .
Who pays the support administrator?
To pay is the person administered: in fact, the judge can establish the quota that the support administrator can directly withdraw from his countercurrent. Here is all the discipline.
Who pays attorney for supporting administrator appointment?
Support administrator) who is therefore obliged to pay the professional’s fee. BORROWS the appellant[iethesupportadministrator)toreturnthesumscollectedforthepaymentofthelawyertothebeneficiary”[ossial’amministratoredisostegno)direstituireallabeneficiarialesommeprelevateperilpagamentodell’Avvocato”
What does the support administrator risk?
From this it follows that the Administrator of Support is liable for the damages caused to third parties for the acts performed and for the obligations assumed in the name and on behalf of the beneficiary without the prescribed authorizations of the tutelary judge.
How to avoid support administrator?
The office of support administrator can be revoked, upon appeal to the judge, when the conditions for the office no longer exist. This happens, for example, in the event that: the beneficiary ceases to be ill; the beneficiary’s illness worsens with the consequent need for interdiction or incapacitation.
What is the difference between guardian and support administrator?
The legal guardian takes the place of the beneficiary in carrying out the acts of ordinary and extraordinary administration. In the case of the support administrator, the beneficiary instead establishes a relationship of collaboration or timely information on the actions to be performed.
What is the difference between guardian and support administrator?
In fact, these are two distinct institutes: while the first is required to collaborate with the beneficiary, evaluating his needs and aspirations, the guardian, on the other hand, takes the place of the interdict.
Who supervises the work of the support administrator?
The tutelary judge is the body designated by the legislator to examine the requests for support administration, issue the appointment decrees and subsequent amendments and supervise the support administration.
What should the support administrator do in the event of the death of the beneficiary?
With the death of the beneficiary, the role of support administrator also automatically lapses and the support administrator must inform the tutelary judge of the event and provide, within 60 days, to carry out the last actions allowed which consist in depositing at the registry of the judge …
How long does it take for the support administrator?
As regards the term of office, art. 410 cc provides, as a general rule, that the support administrator is not required to continue carrying out his duties beyond ten years.
How much does it cost to become a legal guardian?
As far as costs are concerned, the assignment of legal guardian is presumed to be free; however the judge can order an indemnity in case of particular complexity of the assignment. This will be paid – where possible – from the assets of the beneficiary of the protection.
Where is the support administrator located?
Pursuant to art. 404 and 407 cc, the procedure for the appointment of the support administrator is proposed with an appeal to be filed with the Court (office of the Tutelary Judge) of the place of residence or domicile of the potential recipient of the measure.
How to speak to a tutelary judge?
The competent body for the adoption of the support administration provision, as seen, is the Tutelary Judge. It is therefore necessary to contact the Office of the Tutelary Judge competent for the territory, that is, the possible beneficiary must have his residence or domicile on the local magistrate.
What does the tutelary judge check?
The tutelary judge exercises functions of voluntary jurisdiction: specifically, it is a court judge who is entrusted with disputes concerning issues concerning persons unable or not entirely capable of looking after their own interests on their own.
What are the powers of the guardian?
The functions of the guardian
He must take care of the protected person by providing instruction and education, to represent him in personal and patrimonial deeds, administer the assets and regularly keep the management accounts, reporting them annually to the tutelary judge.
What can a brace do?
What are the duties of the legal guardian
- take care of the education and training of the minor / disabled;
- represent him in the management of patrimonial and personal deeds;
- provide for the administration of assets;
- proceed with the formation of the inventory of the assets of the minor / disqualified person;
- keep regular accounts;
Who Appoints an Elder’s Guardian?
The appointment of the legal guardian takes place through the tutelary judge, who identifies a suitable person with impeccable conduct, from among: the person indicated in the will or in the private deed; relatives, including grandparents, uncles, brothers / sisters or parents.
How much does it cost to make an application to the tutelary judge?
AS REQUIRED and REQUIRED DOCUMENTS
€ 27.00 revenue stamp, for submitting the application, and subsequent stamps for requesting a certified copy or free copy, which will be indicated by the clerk’s office at the time of filing.
Who has the support administrator can work?
The support administrator is not required to continue in the performance of his duties beyond ten years, except in cases in which this office is held by the spouse, by the person permanently cohabiting, by the ascendants or descendants “(Article 410, paragraph 1 , cc).
How long does it take to authorize the Tutelary Judge?
“The Tutelary Judge shall act within sixty days from the date of submission of the request) from the date of filing the appeal with the registry. The request for an urgent provisional appointment must be limited only to exceptional cases that need an immediate decision.
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