Curatela

Curatela is a civil-law protective mechanism for adults who cannot fully manage their personal or financial affairs. It represents a form of substitute decision-making that is typically less restrictive than full guardianship and is established by a court after an assessment of the person’s condition.

The scope of curatela can cover personal welfare decisions, such as housing and medical consent, or patrimonial matters, such as managing assets and income, or both. In many systems, curatela can be configured to apply to specific areas or to all relevant matters, with a curator (curador) appointed to act on the individual’s behalf. The protected person generally retains some rights and may still make routine or low-impact decisions, while the curator provides support and oversight.

Procedure and operation usually involve filing a petition with a court, supported by medical or social evaluations, followed by a hearing. If granted, the court appoints a curator and defines the scope and duration of the curatorship. The arrangement may include reporting requirements, supervision, and periodic reviews, and it can be temporary or permanent. Curatorship may be modified or terminated if the person’s capacity changes.

The aim of curatela is to protect the individual and their assets while preserving autonomy as much as possible and ensuring decisions are made in the person’s best interests. Rules and terminology vary by jurisdiction; the concept is common in civil-law systems, including Portuguese-speaking countries, and in other jurisdictions that follow similar legal traditions.