Law 15/2004, of 3 November, qualified incapacitation and tutelars bodies since the General Council in its session of day 3 of November 2004 has approved the following: law 15/2004, of 3 November, qualified incapacitation and tutelars bodies preamble the consultations and preparatory work for the elaboration of the law on guarantees of the rights of persons with disabilities allowed the great concern of the parents for the protection of their children with disabilities, especially when they cannot govern themselves, and to highlight the shortcomings of the Andorran legislation in the regulation of this matter.
However, it should also be borne in mind that this situation can affect not only the group that suffers a disability but also others, such as those with severe problems of mental health and older people with psychiatric disorders and who suffer from degenerative brain important processes, which are equally deserving of protection measures and social solidarity.
For this reason, the law of guarantee of the rights of persons with disabilities, adopted on October 17, 2002, in chapter IV devoted to the protection and guarantee of the rights, regulated in article 22 the incapacitation and guardianship with the provisional nature and establishes in the second final provision that the Government, in the period of one year, should submit to the General Council a bill regulating the inability and the tutor system in general. In order to comply with this mandate, it has drawn up the present law that, first, it refers to the incapacitation and internally in certain situations and, later, regulates in a comprehensive and systematic tutelars institutions that allow you to give certain people the guardianship and protection from those who do not have a full capacity of self-government.
Among the aspects that make up this law has been to point out, first, that the legal regime of the inability fully adjusts to the principles emanats of the Constitution of the Principality of Andorra and in the public interest that informs all the issues related to the rights and freedoms of the person. On the procedural aspects are interested in highlighting the need to get certain tests, as well as the concessions that are made at the beginning of the official investigation in order to obtain knowledge of the real truth on a subject so delicate. It also imposes the judgment of law, that the inability to determine the degree and limitations.
The law also are faced with the problems arising from the internally in accordance with the constitutional principles and criteria essentially lawful interests, who have no other purpose than to prevent, to the protection of a judicial declaration of disability, can deprive an abuse to a person of his fundamental right to freedom. It also introduces a new feature called the event of voluntary internally, with guarantees aimed at avoiding that can be converted into an involuntary detention and, therefore, illegal.
With regard to the institutions tutelars, regulate in accordance with criteria which partly are already in the law until now in force, but that will be systematized and developed and are adapted to the principles that inform the company and the family of the Principality of Andorra in modern times.
On the other hand, it should be noted that the law clearly opts for a system of judicial supervision or authority, which already reported the latest regulations in force in the Principality on the matter. Want to specify that no establishes a unique system, but basically a duality of legal guardianship systems, which are responsible for the protection of personal and patrimonial interests of the incapacitated person and the tutorship for the only protection of the heritage of these people exempted from, but also of the declared prodigal sons and absent. However, it is expected the figure of judicial Defender, who is also a monitoring body, which must replace the tutor and curator in cases provided by law.
It has been decided to attribute the post of tutor to a single person in order to avoid the disadvantages which originate in practice many times by the plurality of guardians or by the administrator of the estate of coexistence with mentored. The tutelars institutions can fall so much on individuals who are in the full exercise of their civil rights and that it does not incur in the causes of disability or disabled required by law, such as legal persons that have the objective of the protection of minors and of persons exempted from, which are not-for-profit and are accredited by the Government. With regard to the obligations imposed on the guardian want to remember here the update that is made of warranties that may be imposed on the holder of the position in terms of the interests that predominate in the family and the Andorran society of modern times.
Likewise, the law introduces other new aspects to our legislation that significantly. First of all, this policy, in addition to maintaining the traditional attributed to parents the right to be able to name a guardian for minor children not emancipated, regulates parental authority extended it can be promoted by the parents of a minor when it is thought reasonable that can persist a cause of disability after the age of minority. It also introduced the so-called self-governing powers, which has been well received in other countries, by virtue of which any person of legal age can appoint a guardian in anticipation of a future legal declaration. Another novelty that sets, which can be of interest given the characteristics of the country, is the possibility to establish a system of private guardianship in exceptional cases for the management of a family business of mentored, which attributed a good part of the functions that would normally correspond to the judicial authority or the Council of guardianship.
Finally, the Law regulates the situations of people who do not have the Andorran nationality criteria based essentially on existing international agreements on disability and tutelars organisms.
Close the law two transitional provisions, regarding the retrospective and an adaptation of by the Defender missing the curator, a repealing and final provisions.
Title i. Incapacitation and internally of the people chapter. Legal incapacitation Article 1 Subject and causes of disability 1. Should be exempted from the elderly and minors emancipated only in cases where for any reason can be found in
usual situation does not have the right to self-determination is.
2. Children not emancipated, if he concurs in them a possible cause of disability believed that may persist after the age of minority, can be disabled during the last year of the minority of age; in this case the incapacitation produces its effects from the majority of age.
Article 2 standing 1. Are legitimate in order to promote legal declaration of permanent incapacitation the spouse or the person who has formed a stable Union of a couple, the descendants, ancestors, brothers and the person actually guardador can be incapacitated and the public prosecutor's Office.
2. The public prosecutor's Office should always be part of the procedures of disability from its beginning.
3. The incapacitation of a minor not only emancipat can promote it your parents if you are in the exercise of parental authority. If it gives rise to incapacitation, parental authority is extended to the disposal of the Law when the incapacitated person reaches the age of majority and is exercised in accordance with that established by the judgment of incapacitation and, moreover, in accordance with the General rules on parental authority.
Article 3 passive Legitimisation of the person the subject of incapacitation can appear at trial with defense and representation. If not, must be defended by the public prosecutor's Office, unless this has promoted the trial of incapacitation, case in which the defence of the person are mentioned the judicial Defender that is named.
Article 4 Procedure 1. The process of disability must be followed in accordance with the procedures established by the law on civil procedure abbreviated, with the modifications resulting from the provisions of this law.
2. the waiver was null, flattening or transaction that depends on areas of incapacitation.
3. you may not prescribe incapacitation without the jurisdictional body has personally examined the person who is the object of the process of incapacitation and without the existence of a medical expert opinion, agreed by the Court that must prescribe the incapacitation.
4. Without prejudice to the evidence put forward by the parties, the Agency juridiccional it may be decided, even ex officio, the means of proof it considers appropriate for the purposes of the process.
5. During the procedure the Court may adopt the appropriate measures for the protection of the interests of the person who may be incapacitated, it must be replaced by the established case law, that the incapacitation.
Article 5 Sentence 1. Incapacitation produces its effects from the firmness of the decision that the States, except in the event that article 1.2. The sentence should determine the degree and limitations of the disability, the Constitution of the organism of protection depending on the disability established, and the origin of the internment of the incapacitated person.
2. The decision is apel·lable to both the effects and not applicable provisional execution.
Article 6 Advertising 1. The competent court for the execution of the sentence of incapacitation has to promote their craft their registration in the Civil Register on the same day in which the relapse, and firmness to win practice register in accordance with the legal requirements on the matter in accordance with the testimony of the Court ruling.
2. The acts done by the person incapacitated before the registration of the incapacitation in the Civil Registry cannot be opposed to third parties in good faith.
Article 7 Legal Position of the person incapacitated the acts carried out by the person incapacitated after the ruling that decreed the incapacitation, can be disputed at the request of their legal representative, of the same person incapacitated or its successors.
Article 8 capacity Reintegration 1. From the moment that the causes that determined the incapacitation, this may be revoked or modified at the request of the same people that according to article 2 are legitimised to promote the judicial declaration of permanent incapacitation, the person who has legal representation or guardianship of the incapacitated person and the same person incapacitated, the latter only in the case that you have retrieved from the corresponding judicial authorization.
2. Apply to the procedure of reintegration of the capacity forecasts that laid down in article 4.
Article 9 Sentence 1. The sentence that at the top in the procedure referred to in the previous article must be set if applicable or not revoke the legal declaration of ineligibility, if this is the case, determine the corresponding modifications on the extent and the limits of the incapacitation set by the previous sentence. The effects are produced solely from the strength of the new ruling.
2. Apply to the sentence "in the procedure of reintegration of the ability the misgivings of article 6 on advertising from the judgment of incapacitation.
3. The sentence that revokes that decreed the incapacitation, does not affect the effectiveness of the acts performed before the firmness of the decision revocatòria.
Article 10 lack of natural ability 1. The acts performed by a person who has not been incapacitated for ruling, but that is in a situation of not knowing its meaning at the moment to make them, they can be disputed by the same person lacking capacity, by his Ministry and, after Prosecutor guardador or the death of the person, by his heirs, that have always caused a prejudice.
2. The impugnatòria action expires in four years from the date of the event harmful.
Second chapter. Legal regime of the emergency detention Internment Article 11 1. If for reasons of medical emergency a person suffering mental disorders has been admitted in a proper institution in closed regime, the director of the centre where it has been made internally must report this fact to the Council as soon as possible and, in any case, within twenty-four hours, and you have to attach a certificate in which except as the reasons for the urgency , the characteristics of this disorder and the need for internment.
2. The Mayor of watch should confirm or deny internally in grounded decision within seventy-two hours since it has had knowledge of the internally, with observance of the requirements established by the third section of the following article.
Article 12 Internally for therapeutic purposes
1. Except in the case provided for in the previous article, the involuntary detention for therapeutic purposes of a person suffering mental disorders or mental disabilities in an appropriate institution in closed regime requires prior judicial authorization always motivated.
2. Can promote demand internally and propose the institution in which the people internally will be applied in accordance with article 2 are legitimised to urge the judicial declaration of disability, as well as the legal representative of the incapacitated person. The person may be hospitalized is entitled to appear in the proceedings with the defence and representation of its own and, if not, you have to assume the defense of the public prosecutor and, moreover, legal defender.
3. Prior to authorizing or ratifying the internally, the Mayor has personally examined the person, ask for the opinion of a doctor appointed by the Mayor, to hear the opinion of the person may be hospitalized, his defender and of the public prosecutor's Office. The Mayor can practice any evidence that it considers relevant and to listen to the opinion of the people it deems convenient.
4. Without further formalities, the Mayor gives aute in the briefest period possible, against which appeals can be lodged in a single effect.
Article 13 the Control internally 1. The Mayor has decreed the internment can request ex officio at any time about the personal situation of the boarding school and, in any case, the summons that decreed the internment imposes on doctors who attend the boarding school the obligation to submit to the Council a report every six months on the need to maintain the internally or not, on the basis of which the Mayor has decreed , after examining personally the boarding school and the opinion issued by a doctor that you have designated, and after hearing the opinion of the public prosecutor, in grounded decision, if it continues or not internally. Likewise, the guardian or the person who has the care of the internal may request information about your situation.
2. Without prejudice to the provisions of the preceding paragraph, if the doctors who attend the boarding school feel that it is not necessary to extend the detention, they must come up with the high of the patient and must communicate to the Council, which has to be solved within 24 hours.
Article 14 the internment of minors the internment of minors is provided in a setting appropriate to their characteristics, with preliminary report of services to care for the child.
Article 15 voluntary Detention 1. The voluntary income of a person of legal age or emancipated in a Center appropriate to their situation is made under a limitation of their freedom, it requires your written consent, which may be revoked at any time.
2. If the person who has entered the Center voluntarily mentioned presents after signs of being in a situation of not being able to freely decide the continuation of the internally, this is only internally can prolong if you get the corresponding judicial authorization, in accordance with the requirements established in article 12.3.
Title II. The tutelars institutions chapter. General provisions Article 16 tutelars Organs Have the condition of organs tutelars the jurisdictional bodies, the public prosecutor's Office, the guardian, the curator and the legal defender.
Article 17 Functions of the agencies tutelars the owners of the tutelars institutions assume some functions that have to exercise in a unique way in the interest of the person subject to guardianship or tutorship, which have as a purpose in your case, the protection of the person, the management of your assets and the exercise of their rights.
Article 18 Capacity 1. Can only be the holders of the tutelars individuals who are in full exercise of their civil rights and that it does not incur in any of the causes of disability or disabled provided in the following articles.
2. Can also assume the post of tutor to the non-profit legal persons that have the objective of the protection of minors and the disabled and are accredited by the Government.
Article 19 Causes of absolute disabled may not be appointed to a position to tutor and, if they have been appointed, they must cease in the exercise of the Office: to) people who have been suspended by judicial resolution private or of the exercise of parental authority or guardianship, have been stripped of a guardianship or tutorship and private education.
b) people who comply with a sentence of imprisonment and sentenced for any crime, you have to assume fonamentadament that does not develop the post protect correctly.
Article 20 Causes of disabled relative Also can be owners of tutelars charges: a) people excluded by the parents or by the last of them that has exercised parental authority or by the same person subject to guardianship.
b) people named for the exercise of an Office, as well as the protection of any person who has or may have conflicts of interest with the person subject to guardianship or tutorship.
c) the person who has a personal feud with the guided or subject to tutorship.
Article 21 Excuses 1. The tutelars functions are a must, except for those mentioned in articles 19 and 20.
2. Can excuse themselves to accept a charge to tutor: a) The people who have reached the age of seventy years or who suffer from a disease or disability of a permanent nature.
b) people who do not have any relationship with the person subject to guardianship or tutorship.
c) people the occupation of which could affect the proper exercise of guardianship.
Article 22 legal excuses 1. The excuse has been of alleged before the Council within a period of fifteen days, counting from the time when the designated has knowledge of the appointment.
2. If the cause which strengthens the excuse has earned the appointment, it must submit to the Council as soon as possible; in this case, however, the person who has taken over the post protect is obliged to exercise their functions as is not accepted the excuse.
3. When not accepted the post protect and rejecting the excuse which strengthens the lack of acceptance, the designated has to compensate the damages that may arise as a result of the demorança of the new appointment and that may be enough.
Article 23 Regulations it is forbidden to holders of tutelars charges: a) the celebration of events which have onerous to the transmission or acquisition in your favor of the assets or rights of the person subject to guardianship or tutorship, regardless of the fact that the acquisition will make either directly or by means of person interposed.
b) Purchase by themselves or by person interposed any credit law against the person subject to the guardianship or tutorship.
c) Exercise its functions in the events and in the litigation that the person subject to guardianship or tutorship celebrate or have with the consort or the person who has formed a stable Union of a couple, or with any of the relatives in a straight line of the holder of the Office protect.
Second chapter. The first section. General provisions Article 24 Persons subject to guardianship are subject to guardianship: a) The non-emancipated minors who are not subject to parental authority.
b) Are disabled by court order when the judgment I have established and to the extent that we determine.
c) Are subject to parental authority extended, on the assumption that article 2.3, when it ends, unless you apply the Constitution of a tutorship.
Article 25 of the Property by 1. The guardianship is exercised by a single person.
2. You have to appoint a single tutor for all the brothers, unless special circumstances call for the appointment of more than one guardian.
Article 26 Control of supervision 1. The guardianship is exercised under the supervision of the public prosecutor, acting ex officio or at the request of any interested party.
2. The judicial authority, ex officio, at the request of the public prosecutor or of the person under supervision can order whatever measures necessary at any time by the control of the correct operation of the guardianship.
Second section. Vocation to the tutela Article 27 self-governing powers 1. Any person of legal age, in anticipation of a future legal declaration of disability, may appoint in writing a public guardian, the person or people who have to replace it, exclude certain people from the guidance and establish remuneration that must register the people who hold the post.
2. The appointments and exclusions can be appealed by the spouse or the person who has formed a stable Union of a couple, by the descendants and ancestors of the person that is self-governing powers or by the public prosecutor if at the time of become the tutelage have earned circumstances that, if the person concerned had been taken into account, should not be given the appointment or the exclusion.
Article 28 Appointment for parents 1. By means of a public deed, testament or codicil, the father and the mother are in full exercise of parental authority may appoint a tutor of his minor children not emancipated, the person or people who have to replace it, exclude certain people from the guidance and set the remuneration of the people who hold the post.
2. in case of concurrence of appointments and exclusions made by the father and the mother, prevails the appointment made by the father or the mother who has recently exercised parental authority.
3. The jurisdictional body which should constitute the guidance, you can bypass the appointments made by the parents if you feel so justified, there is sufficient cause for exclusion.
Article 29 donations or provisions in favour of the person subject to protection 1. The person who has made a donation or testamentary provision in favour of the person who is subject to guardianship, may appoint an administrator of the property attributed and establish its powers, which are excluded from the functions of guardian, except in relation to the acts that exceed the powers conferred to the administrator.
2. lack of forecasts established by the donor or beneficiary, apply to the administrator of the regulations relating to guardianship.
Article 30 Appointment to the judicial authority 1. If you do not get to exercise the supervision persons designated by or supervised by their parents or have not made use of the faculty to appoint a tutor, the appointment corresponds to the judicial authority.
2. The court appoints a tutor the person for their personal and patrimonial situation and by other concurrent circumstances considered most suitable for the exercise of guardianship.
3. The Court also fixed the remuneration that has to register the tutor, depending of the heritage of the person subject to guardianship.
Article 31 private Protection 1. At the request of two close relatives in the ascending or descending straight line of legal age, or of one of them and the consort or the person who has formed a stable Union of a couple with the incapacitated person, the Court may authorize the establishment of a Council of supervision for the management of a family company of which it forms part the mentored, with the newest faculty tutor and that control its management.
2. The Guardianship Council is composed of a minimum of three and a maximum of five people who meet the requirements of capacity required by the law for the exercise of the Office of tutor, designated by the Court.
The consort or the person who has formed a stable Union partner may form part of the Council of guardianship.
3. The people who make up the Council of guardianship must provide the guarantees that indicated the body of jurisdiction in order to ensure the proper exercise of its functions before taking up the post, and have the right to receive the remuneration established by the Court that authorized the establishment of the Guardianship Board.
4. The Court, at the request of the public prosecutor, the consort or the person who has formed a stable Union of a couple or two relatives in a straight line descendant or ascendant of the person subject to guardianship, the termination of the Guardianship Board may be declared if the interest of the mentored so requires or if its members do not meet properly the functions of the Office.
The third section. Constitution of the guidance Article 32 Legitimacy to promote its Constitution 1. Are required to promote the establishment of guardianship the spouse or the person who has formed a stable Union of a couple, descendants, parents and brothers and sisters of the incapacitated person, the institution has in fact guardador and guardianship; otherwise respond for damages caused to the person who should be subject to guardianship.
2. The administrative and judicial authorities that by reason of the exercise of its functions, aware that a person should be subject to supervision, they must ask immediately your Constitution or have it ex officio.
3. Any person who has knowledge of the need for the setting up of a guardianship, you must put it in knowledge of the judicial authority or the public prosecutor.
Article 33 Appointment 1. The guidance is made up of voluntary jurisdiction procedure won aute with prior hearing of the minor as long if you have at least twelve years of age or of the incapacitated person if you have enough knowledge, the spouse or the person
that has been a stable Union of a couple, the closest relatives of the incapacitated person and the other people that the judicial authority deems appropriate, provided that this does not involve an excessive delay.
2. Once the appointment, the Mayor gives possession of the charge to the person who should exercise guardianship.
Article 34 Advertising 1. Judgments about the tutelars charges have been enrolled in the Civil Registry, at the request of the Court that has adopted, through testimony of an appropriate judicial resolution.
2. The acts done by the person subject to guardianship before the registration of the Court ruling in the Civil Registry cannot be opposed to third parties in good faith.
Section four. Obligations of the guardian Article 35 Inventory 1. The tutor should make an inventory of the heritage of the initial full judicial person subject to guardianship, although there is dispensed to take inventory, with the public prosecutor's Office and of the people who the Mayor deems appropriate quote, within sixty days following the swearing in of Office, term that can be the object of an extension for just cause , up to a maximum of sixty days. The same obligation must meet the tutor with respect to the goods that you purchase at a later date the person subject to guardianship.
2. Even after having practiced the inventory, the tutor can only perform acts of management that does not support delay.
Article 36 measures to ensure the management of the heritage the tutor is obliged to adopt the following measures with the heritage of the person subject to guardianship: a) Invest the money belong to the heritage of the auspices, but the amounts needed to meet the ordinary expenses of the guardianship, in bank deposits, in loans with interest and collateral or in real prudencialment safe.
b) to deposit or to keep in safe place values, jewels, works of art and other valuable objects which form part of the estate in the mentored and put the fact in knowledge of the judicial authority.
c) if the assets of the mentored there are bearer securities, the tutor must convert them into non-negotiable titles in favor of guided, unless the Court establishes another guarantee.
d) Becoming an insurance policy in order to guarantee the liabilities arising from the exercise of guardianship, if the value of the assets is greater than the equivalent of one hundred and fifty times the monthly minimum wage.
Article 37 obligation to pay accounts 1. The tutor must be held accountable for its management at any time at the request of the judicial authority or within the deadlines established by the Court ruling that determined the establishment of the guardianship and at least has been made once every calendar year.
2. The person incapacitated, if you have enough knowledge and as long as you have at least fourteen years, if it comes to guardianship of a minor, should be cited in the Act of approval of the accounts.
Article 38 Responsibilities 1. The tutor must exercise their duties with the diligence of a good family man.
2. the tutor responds in the face of the person subject to guardianship for any damages caused by failure to comply or defective compliance with their obligations in cases that may be attributable.
3. The action of liability prescribed in the three years since the approval of the final accounts of the guardianship.
Fifth section. Exercise of guardianship of the Child Protection Article 39 1. The tutor must take care of the minor, provided him with food and a comprehensive training and must act as the legal representative of the guided in all their actions and civil management of your assets, except in relation to the activities for the disposal of the Law can make the minor himself.
2. The child must obey and respect the guardian and this has to live with the minor, unless by court order is that the authorizes mentored resides in a different place, with prior audience granted to the smaller if you have at least fourteen years.
3. the tutor should consult the mentored before important events affecting their person or their property if you have sufficient knowledge and always have at least fourteen years. The assent of the minor subject to guardianship does not free the tutor of their responsibilities.
Article 40 of the minor Acts excluded from the guidance If the tutor allows expressly or tacitly that the minor but over sixteen years, subject to guardianship, exercising a profession or activity, the mentored can perform all acts required for the regular exercise of the profession or activity and act in relation to the goods that you purchase as if he had retrieved from the age rating.
Article 41 tutelage of the incapacitated person 1. The tutor must take care of the incapacitated person, seek him food and do everything necessary to acquire or recover their ability and their integration in the society, to manage their wealth, represent it except in connection with the acts you can perform himself to provision of the law or of the judgment of incapacitation and to report annually to the Council on the situation of the incapacitated person.
2. The registered office of the incapacitated person is the holder of the Office protect, except that in the establishment of the guardianship or by subsequent court decision has been prepared otherwise.
Article 42 judicial Authorisation 1. The guardian needs authorization for: a) dispose of the goods of the person subject to guardianship, but the fruits and personalty that cannot be kept.
b) Repudiate the inheritance under the deferides, accept them without the benefit of inventory and accept liberalitats that involve burden or condition.
c) Take money borrowed on behalf of the mentored.
d) submitted to arbitration or to promote legal action, but in the latter case when it's an urgent issue, regular benefits claim or claims of lower amounts to the equivalent of 20 times the monthly minimum wage.
e) Grant leases.
f) to continue the operation of a commercial or industrial establishment that the mentored has received by inheritance or donation and to set up or acquire the status of partner in societies that do not limit the personal liability of its partners.
2. Before granting the authorization, the judge must hear the opinion of the public prosecutor and, if thought advisable, the mentored and has to ask for reports that believe appropriate.
Article 43 lack of authorization acts carried out by the guardian without obtaining prior judicial authorization requirement or without having obtained subsequent to the completion of any of the acts which lists the previous article are radically null.
The sixth section. Termination of the protection Article 44 Causes The guardianship is terminated by: a) The age of emancipation, or under the age rating, unless you previously had been incapacitated in accordance with article 1.2.
b) guided the adoption of a minor.
c) recovery of parental authority, if the guardianship was established for its deprivation or suspension.
of) death, Declaration of death or absence of the mentored.
e) disappearance of the inability or modification of the sentence Declaration of disability, when the replacement of the guardianship by the tutorship or the termination of the disability.
Article 45 judicial Declaration of termination 1. The tutor and the mentored have to communicate in the briefest period possible to the cause which determines the termination of the guardianship. You can also make this communication anyone interested.
2. The Court ruling that allowed the termination of the guardianship will be communicated ex officio to the Civil Registry for the same jurisdictional body that adopts, for later and to the strength of this resolution.
Section seven. Removal of the guardian Article 46 Causes are causes that determine the cessation of the tutor in their functions: a) The death, Declaration of death or absence of the tutor or the dissolution of the legal person that exercised the post.
b) incapacitation of the tutor after having accepted the post or the advent of a disqualification due to absolute or relative by its exercise.
c) clearance regulated in article 48.
d) the excuse of the tutor supported by judicial resolution.
Article 47 Impossibility to exercise the Office 1. The tutor must resign in the exercise of its functions if, after having accepted the post, concurs in his person any of the causes of ineligibility or disqualification provisions of the Act or if it is accepted the excuse that alleged.
2. In such cases the tutor has the duty to perform the essential actions of management until you have accepted the new tutor, or even that it has been named a judicial Defender to replace him.
Article 48 tutor Removal 1. Replacing the decreed the removal of the tutor when their continuity in the post is considered contrary to the interests of the person subject to guardianship.
2. Removal is established by court order issued ex officio or at the request of the public prosecutor's Office, under the auspices of the same or any other interested party, after hearing the opinion of the tutor and the other people that the Mayor deems advisable in the interest of the mentored.
3. legally Decretada removal will proceed immediately to appoint another guardian.
Eighth section. Effects of termination and termination Article 49 final Rendering of accounts 1. At the end of the guardianship or when the termination of the person who took the post, the tutor must be held accountable later justified their management to the Council within a period of six months, extendable by court order if it concurs a just cause, for another period of three months and must be put at the disposal of the assets under , their heirs or the new tutor.
2. If the termination is caused by death, the heirs of the tutor should be held accountable within the deadlines mentioned above, which will be calculated from the acceptance of the inheritance.
Article 50 claim for accountability 1. Accountability can be requested by the person under supervision, by his legal or represented by their heirs.
2. The action of claim three years counting from the prescribed deadline for the surrender.
3. The necessary costs of accountability was in charge of the heritage of the mentored.
Article 51 Approval of accounts 1. The judicial authority should give or deny the approval of the accounts after being awarded an audience to the person under supervision or his heir, the new tutor, curator or judicial defender and can be decreed before the approval of the proceedings that it considers relevant.
2. The final accounts payable cartage legal interests in favor of the guardian since has required the payment of the forced, with delivery in advance of the assets, and if the carry is unfavorable to the tutor, paid legal interests from the time of the approval of the accounts.
Article 52 effects of approval 1. The approval of the accounts by the judicial authority does not preclude the exercise of the actions that may correspond to each other by reason of the guardianship, the guardian and the mentored or to their heirs.
2. This action prescribes within three years from the approval of the final account.
3. If the liability action is based on a self-determination, the period of prescription is the provisions of the criminal law by the fact malicious, if this period is higher than that anticipated in the previous section.
Third chapter. The tutorship Article 53 Persons subject to tutorship Are subject to tutorship: a) people under the age of emancipades and who have obtained the habilitation of age.
b) exempted from people for whom it is not considered appropriate the establishment of guardianship.
c) people declared pròdigues.
d) people declared missing in connection with their property interests.
Article 54 establishment of the tutorship by the disposal of the Law the judicial authority may order the Constitution of a tutorship: in) when it comes to safeguarding the interests of a person conceived.
b) When the inheritance was defereix in favor of people initially uncertain.
c) in relation to the foundations in period of Constitution, if you lack the appointment of person in charge of the management of the Heritage Foundation.
d) for the management of subscription funds for charitable purposes or temporary general utility, when the people designated for its management do not exercise their functions.
Article 55 applicable regulations are applicable to the tutorship to the provisions set out in the previous chapter for the guardianship, unless the text of the law is deduced something else.
Article 56 Pre-existence of guardianship if the person who should be subject to tutorship has been before under the regime of tutelage, it gives the post of curator to the person who has exercised the guardianship, unless the Court so held otherwise.
Article 57 Tutorship of minors emancipated and skills of age 1. The tutorship of minors emancipated and old skills only needs to be set up, at the request of these, when required the assent of the curator.
2. The shortest emancipat or skill of age need the assent of the curator: a) to dispose of their real estate, mercantile or industrial establishments, intellectual or industrial property rights, personal property of value greater than
the equivalent of two hundred times the monthly minimum wage and to dispose of the securities, shares or social interests, except when alienen worth no less than the contribution.
b) to make money on the loan.
c) for acquiring the status of partner in societies that impose a personal liability of the members for the social debts or to accept the post of administrator in any society.
d) To give up donations, legacies or inheritances, credits to be accepted without the benefit of inventory.
e) to guarantee obligations outside.
Article 58 Tutorship of persons exempted from 1. The tutorship of persons exempted from judicial resolution is intended to complement their capacity to act. So the curator must give their assent to acts which determines the judicial resolution that establishes the incapacitation.
2. If the statement omits to pronounce itself on this point, it requires the assent of the curator in relation with the events that mention articles 42.1 and 57.2.
Article 59 Tutorship of prodigal 1. They are legitimate to request the Declaration of largesse only consort or the person who has formed a stable Union of a couple, the descendants and ancestors that receive food from the alleged lavish or are in a situation of being able to claim food and their legal representatives and, if the latter do not, the public prosecutor's Office.
2. If the alleged lavish fails to appear in the trial, must be defended by the public prosecutor, and if this has promoted the demand, by court Defender.
3. The judgment that declares the largesse determines the scope in which the prodigal can manage their interests and the area in which you need the assent of the curator who, in any case, it is necessary for the acts mentioned in article 57.2.
Article 60 of the Tutorship absent 1. The judicial declaration of absence of a person of legal age determines to be named a curator who manage your property interests, to the extent that need to be administered.
2. The judicial declaration of absence to apply for the procedure of voluntary jurisdiction to instances of the consort or the person who has formed a stable Union of a couple, descendants or ancestors of the absent or of the public prosecutor's Office. The curator takes over the functions of conservation, management and protection of the heritage of the absent, and the rest that confer the summons for declaration of absence in attention to the circumstances in each particular case are met;
in any case, the curator needs judicial authorization in order to dispose of the goods not consumables or not deteriorables.
3. The tutorship of the absent will be terminated due to judicial resolution relapse when the person concerned is already in a position to manage their wealth and, in cases of death or declaration of death of the absent.
Article 61 consequences of the lack of assent 1. The legal acts carried out without the assent of the curator when the assent be required are challenged at the request of the curator itself while it is in force the position of the person subject to tutorship and, in the case of the largesse, to the people who according to the article 59.1 are authorised to request the judicial declaration of largesse.
2. The action must be lodged within a period of three years, that in relation to people subject to tutorship is calculated from extinction.
The fourth chapter. Legal defender Article 62 From the appointment Comes the appointment of judicial defender in cases of conflict of interest between the tutor or curator and the person subject to guardianship or tutorship, when there is or becomes inoperative the guardianship or tutorship and in other cases provided by law.
Article 63 Appointment the appointment of judicial Defender is done in aute dictated in voluntary jurisdiction proceedings ex officio or at the request of the public prosecutor's Office, of the tutor or curator or any person entitled to appear in court and must fall on the person that the Court considers appropriate for the exercise of the Office, in attention to the circumstances that determine their appointment.
Article 64 Functions the performance of judicial Defender must be defined in the Act or acts that have determined the appointment and must be held accountable for its management to the judicial authority once.
Title III. Application of the Andorran Regulations Article 65 private international law 1. The protective institutions of people lacking capacity for self-government will regulate by law the national person incapacitated.
2. temporary or urgent measures of protection that apply in relation to an incapacitated person are subject to the prescriptions of the law of their habitual residence.
3. The formalities and procedures for establishment of the protective institutions referred to in paragraph 1 of this article that require intervention by administrative bodies or judicial authorities, in any case, the Andorran regulates for the Andorran law.
First transitional provision holders of tutelars bodies formed before the validity of this law have their offices, but are subject, with respect to its financial year, to the provisions of the law.
Second transitional provision the post of representative of the absent, constituted according to the rules prior to the entry into force of this law, they must exercise in accordance with the rules established by the tutorship.
Repealing provision Remain repealed the Decree of 18 July 1973 on curation of minors, section V-GUARDIANSHIP of the Decree of 15 November 1975, articles 44 to 49 of the law of 21 March 1996 on adoption and other forms of protection of the less helpless, article 22 of the law of 17 October 2002 of guarantee of the rights of persons with disabilities and all other previous provisions that contradict the provisions of this law.
First final provision the guarantees set out in this law apply to the internment and other draw has protection measures prior to their validity.
Second final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 3 November 2004, Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília Jacques Chirac President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra