Law 5 June 2015 Ranked # 81 - Institution Of Management And Discipline Of Support

Original Language Title: Legge 5 Giugno 2015 N.81 - Istituzione E Disciplina Dell'amministrazione Di Sostegno

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17142111.html

Microsoft Word - L081-2015.doc SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on May 28, 2015: LAW June 5, 2015 81 ESTABLISHMENT AND DISCIPLINE ADMINISTRATION SUPPORT Art. 1 (Purpose) 1. This law establishes and regulates the support board with the purpose of protecting, with the least possible limitation of the capacity to act, those subjects who, because of an infirmity of physical nature and / or psychic, are not able to provide, even only partially, to carry out work related to daily life. 2. The Support Administrator, whose choice is made in consideration of the exclusive interest of beneficiaries, performs support activities in favor of such persons through interventions of a temporary or permanent support. Art. 2 (Entitlement to bring proceedings) 1. I am qualified to bring the procedure for appointment of administrator support the spouse not legally separated, relatives within the fourth degree, relatives up to the second degree, the Prosecutor of the Treasury on the recommendation of the persons referred to in paragraph 3, or the same beneficiary in respect of which it has not been pronounced interdiction judgment. 2. They are entitled to initiate the procedure for the appointment of the administrator of support in favor of persons interdicted or incapacitated also guardian respectively, or the same beneficiary with the assistance of the curator. 3. Social Services, the Police and all merchants a health profession, both public and private, that by their office or profession, becomes aware of facts making it appropriate to consider the appointment of a support administrator, are required to promote the proceedings before the Commissioner of the acting Law of tutelary judge or to grant still reporting to the Prosecutor of the Treasury. Art. 3 (Application) 1. The introductory instance of the court include the generality of the beneficiary, his place of residence, the reasons why it requires the Administrator to support the appointment, and if necessary, the name and residence of spouse, descendants, the ascendants, siblings and life partners of the beneficiary. 2. E 'essential that the representation of the reasons for asking the administration institution support is exhaustive in order to identify the needs of the receiving person and replacement tasks and assistance to be given to the administrator. To this end, the requesting party in the application indicates: a) the infirmities and disabilities of which is affected the person to whom the proceeding relates; b) if known by the requesting party, his income and assets; c) people with whom this coexists; d) the person that the requesting party would veneer on the support administrator office with the amplitude indication of the powers of representation and / or assistance that would necessary to assign. 3. The application may also be submitted in favor of persons interdicted or incapacitated or in favor of persons against whom proceedings are pending interdiction or incapacitation if the form of protection the object of this law is considered the most responsive to safeguard the interests of the beneficiary. 4. If the administrator support appointment is made in accordance with Article 8, paragraph 2, introductory instance is attached the authentic instrument or private document with which the person concerned has entered the person of your choice . Art. 4 (Method) 1. Proceedings aimed at the administrator's appointment has the support nature of voluntary jurisdiction. 2. The Law Commissioner, with the decree that admits the request made by the persons indicated in Article 2, fixed special hearing to hear personally the person which the procedure relates, going, where appropriate, the place where this is located. 3. The application with which the process is promoted and the decree referred to in paragraph 2 shall also be notified to the person to whom the case relates in order to enable it to contradict and defend himself through the filing of pleadings and the request for the taking of means instructors. 4. The Law Commissioner decides by decree reasoned immediately enforceable on the administrator support appointment within ninety days from the date of making the application, after hearing the persons referred to in Article 2 and after taking the necessary measures of inquiry
for the decision. In particular, the Law Commissioner, ex officio or upon request of a party, may order a medical examination to ascertain the physical and / or mental condition of the person against whom the court is proceeding, and if deemed appropriate, fixed a special hearing to submission of any documents related to his income and his assets. 5. The failure to appear at the hearing of the persons mentioned in Article 2 does not preclude the decision on the request. 6. The Prosecutor of the Treasury intervenes in the proceedings, even if the same does not have promoted pursuant to Article 2, paragraph 1. 7. If necessary, the Law Commissioner, ex officio or upon request of a party, shall , pending further inquiry, to take urgent measures for the care of the person concerned and for the conservation and management of assets, appointing a provisional support administrator with an indication of the acts that he is authorized to perform. 8. decree ordering the administrator support nomination is publicized in accordance with Article 20 within five days from the date of publication. 9. The Law Commissioner may amend or add to, ex officio or upon request of any individual referred to in Article 2, the decisions taken with the decree appointing observing the procedure regulated in this article. Art. 5 (Appointment of administrator support in favor of persons interdicted or incapacitated) 1. If the procedure for the appointment of administrator support is promoted in favor of persons interdicted or incapacitated, the application for nomination is submitted jointly to revocation request interdiction or dell'inabilitazione before the Commissioner of Law competent to decide on the latter. 2. The Commissioner of Law competent to decide on the revocation or interdiction dell'inabilitazione to pronounce also in order to support the administrator's request for the appointment. 3. The Commissioner of the relevant Law, pursuant to paragraph 2 shall also be entitled to the powers of investigation and decision-makers provided in Article 4. Art. 6 (administrator support Appointment pending the judgment of interdiction or incapacitation) 1. If the procedure for the appointment of administrator support is promoted in favor of entities against which is pending the judgment of interdiction or incapacitation, the Commissioner of Law competent to decide on Prohibitions or sull'inabilitazione also pronunciation in order to request administrator support appointment. 2. The Commissioner of the relevant law pursuant to paragraph 1 shall likewise recognized the powers of investigation and decision referred to in Article 4. Art. 7 (Decree of administrator support nomination) 1. The decree ordering the appointment of 'support administrator contains: a) the general administrator of support and the beneficiary person of the measure; b) the term of which can also be open-ended; c) the terms of the subject given administrator support with an indication of the type of acts that has the power to do in the name and on behalf of the beneficiary and the acts that can only make the recipient of the assistance; d) the limits, even periodic, of the expenses that support administrator can support using the debt for which the beneficiary has or may have availability; e) the frequency in which the support administrator accountable for his management and report on the personal and social living conditions of the beneficiary to the Law Commissioner; f) where the obligation by the administrator support to proceed to the inventory of the goods belonging to the beneficiary. 2. The Law Commissioner, the measure by which appoints the administrator of support, or subsequently, may order that certain effects, limitation or forfeiture, provided by law for an interdict or incapacitated, extend to the beneficiary administration support, having regard for the same and that protected by those provisions. 3. If the duration and 'fixed-term, the Law Commissioner may extend that period by decree motivated before the deadline, at the request of the subjects mentioned in Article 2, paragraphs 1 and 3, which are required to submit an request within sixty days prior to maturity. 4. The decree of appointment of administrator support it notified the beneficiary of the measure, administrator and support the one who initiated the proceedings. Art. 8 (Administrator support Choice) 1. A support administrator job is held by a person chosen by the Commissioner
Law had only about the care and to the beneficiary's interests. 2. The administrator of support may be indicated by individuals themselves, in anticipation of their future incapacity, by means of public or private deed. This may be revoked by the author with the same forms. 3. The Commissioner of Law appoints the person indicated in the manner provided in paragraph 2 or, after assessing the opportunities, appoints a different support administrator. 4. In the absence of indication referred to in paragraph 2, the Commissioner appointed by decree Law motivated the support administrator in accordance with the following paragraphs. 5. In the selection, the Law Commissioner prefers, where possible, the not legally separated spouse, father, mother, son or brother or sister, a relative within the fourth degree. 6. can not cover the Support Office of the Administrator of Social Services providers and operators a health profession, both public and private, which treating or caring for the beneficiary. 7. The Law Commissioner, when it deems it appropriate, may be called to the post of administrator of support also other suitable person or it can assign the task to associations or foundations, indicating the name of the legal representative or delegate such institutions or associations, which must fulfill the duties provided for in Article 15. Art. 9 (oath administrator support) 1. the support administrator, before taking office, pays before the Commissioner of oath Law to exercise it faithfully and diligently within ten days of the appointment. Art. 10 (Dispensation to hold the support administrator office) 1. The right to be exempted from taking on their application or continuing the exercise of administration support: a) who has completed his sixty-five years; b) those who have more than three children; c) those who already holds the support administrator office, tutor or guardian; d) those who, with documented justification, performs tasks that prevent to ensure due attention to the support administrator role, or verses in a conflict of interests. 2. The application for dispensation for the reasons set out in paragraph 1 shall be submitted to the Commissioner of the Law before the oath, unless the cause of exemption has occurred. 3. The Support Administrator is required to recruit and retain the office until this has been conferred to another person. Art. 11 (Inability to hold the support administrator office) 1. can not be appointed to support directors and, if they were appointed, must cease from office: a) those who do not have the free administration of its assets; b) those who have or are going to have or whose ascendants, descendants or their spouse have or are going to have a fight with the beneficiary, the effect of which may be affected the status of the beneficiary or a significant part of the heritage of him; c) those who have incurred the loss of parental authority or the deprivation of her, have been removed from another position of support administrator, guardian or trustee; d) those who are subjected to a competition procedure of creditors or procedure equivalent in foreign legal systems, under way or completed within the last five years. Art. 12 (Gratuity administration support) 1. The administration's support office is free. The Law Commissioner, however, considering the extent of the assets and the difficulties of the administration, the administrator can assign support fair compensation. Art. 13 (Deposit) 1. The Law Commissioner, taking into account the specific nature and extent of its assets, may require the administrator to pay a deposit support even after the assignment, determining the amount and arrangements. 2. The Law Commissioner may also free up the support administrator in whole or in part from the deposit he had paid. Art. 14 (administrative support Effects) 1. The beneficiary retains the capacity to act for all acts that do not require the exclusive representation or the necessary assistance administrator support. 2. The administration's support beneficiary can in any case take the steps necessary to meet the needs of their daily lives. Art. 15 (Duties of administrator support) 1. In carrying out its tasks, the administrator of support shall take account of the needs and aspirations of the beneficiary. 2. The Law Commissioner supervises the administrator of support that is required
to fulfill his duties with the diligence of a good father. 3. Any interested party may report to the Law Commissioner conducted administrator does not comply with the official duties of their support. The Law Commissioner may summon the support administrator in order to ask questions, clarifications and information on the management of his office, and to give instructions relating to the moral and economic interests of the beneficiary. 4. The Support Administrator shall inform the beneficiary regarding the steps to be taken as well as the Law Commissioner in case of disagreement with the beneficiary. In case of conflict, the choices or malicious acts or negligence in pursuing the interests or in satisfying the needs or demands of the beneficiary, or out any of these subjects mentioned in Article 2 may apply to the Commissioner of the Law, which adopts with reasoned decree appropriate action. 5. The support administrator realizes regularly its management in the terms and conditions provided in the decree of appointment and presents the final report of its work within a period of sixty days from office termination. Art. 16 (Termination and replacement administrator support) 1. The Law Commissioner may exempt the administrator of support from the office, where the exercise of it is the administrator of particularly heavy support or there are other serious reasons and there is no other suitable person to replace him. 2. The Support Administrator who wishes to obtain an exemption from the office addressed a specific request to the Law Commissioner. 3. The Law Commissioner has to remove from office the support administrator who is guilty of gross negligence or had exceeded its powers, or has proved inept in the performance of them, or has become unworthy for office acts even strangers administration support. 4. The Commissioner of the Law provides for exemption or removing administrator support with immediately enforceable motivated decree issued within ninety days from the start of the proceedings initiated ex officio or from the date of making the application submitted by the persons referred to ' Article 2. the decree is hired, eventually acquired the necessary information and prepared the necessary measures of inquiry necessary for the decision and shall include the appointment of a substitute. The Law Commissioner can not remove the administrator of support unless you have heard; It must nevertheless suspend him from the exercise of the administration of support in cases which do not admit of delay. 5. decree ordering the administrator cessation of support and its replacement is publicized in accordance with Article 20 within five days from the date of publication. Art. 17 (administrative support Revocation) 1. Where the beneficiary, the administrator of support Proposer or any of the subjects mentioned in Article 2, consider that you have determined the conditions for the administration's support revocation, appeal instance motivated to the Law Commissioner. 2. The application shall be the recipient and administrator support if it is not presented by these. 3. The Law Commissioner by Decree motivated enforced immediately, within ninety days from the date of making the application, eventually acquired the necessary information and prepared the necessary measures of inquiry necessary for the decision. 4. The Law Commissioner shall, also, ex officio, to the declaration of revocation when this administration has proved to be inappropriate for attaining the full protection of the recipient. In such a case if it considers that it should promote the judgment of interdiction or incapacitation shall inform the Prosecutor of the Treasury in order that he will. The support administration has revoked the appointment of the guardian or temporary administrator in accordance with Article 16 of the Law of April 27, 1911, or with a judgment declaring the interdiction or incapacitation. 5. decree ordering the administration to withdraw support is publicized in accordance with Article 20 within five days from the date of publication. 6. If the term of office is for a fixed term the remark referred to in paragraph 5 is canceled by order of the Commissioner of the Law taken at the request of the subjects mentioned in Article 2. Cancellation shall take place within five days to 'issuing of the measure referred to in the previous sentence of this paragraph. Art. 18 (Appeal) 1. The decrees issued by the Law Commissioner in mind the above items can be challenged before the Justice of Appeal within thirty days from the date of notification of the same.
2. They are entitled to bring an appeal the persons referred to in Article 2 even if they have not participated in the proceedings and the beneficiary of the measure, and in cases of removal referred to in Article 16, paragraph 3, the support administrator removed. 3. The persons who have not participated in the proceedings are qualified to bring the appeal within thirty days from the date of publication of the decree under appeal. Art. 19 (Acts made by the beneficiary or by your support in violation of the law or the provisions of the Law Commissioner) 1. Acts done by your support in violation of the law, or in excess of all 'object or assignment of powers granted by the Law Commissioner, shall be declared invalid on application by the beneficiary or his heirs or assigns, or the persons indicated in Article 2. 2. Likewise shall be declared invalid on application administrator support or the beneficiary or his heirs or assigns, or the persons indicated in Article 2, the acts performed personally by the beneficiary in contravention of legal provisions or those contained in the decree establishing the support administration. 3. The invalidity referred to in paragraphs 1 and 2 shall be asserted within two years following the discovery of the defects referred to in those paragraphs and in any case within a period of ten years from the date of service completion. 4. The Law Commissioner, should have been brought to its attention cases of violation of the provisions of this law that could constitute a criminal offense, shall forward a copy of the proceedings to the criminal division for verification of competence. Art. 20 (Disclosure of documents relating to the administration support) 1. At the registers of the Clerk of the Court, the Secretariat of State for Internal Affairs and Organisational Unit Civil Status, Demographic and Electoral Services are published concerning the beneficiaries with the indication of the respective support administrators. 2. The civil-certified by the Filing Judicial Service reports the relevant indication to the state of subjection to the administration support and administrator support powers; this information shall be eliminated if the support administration is revoked or otherwise will cease effects. Art. 21 (Applicability of the provisions of Article 36, paragraph 7, of Law 17 November 2005 n. 165) 1. The provisions of Article 36, paragraph 7, of Law 17 November 2005 n. 165, as amended, also apply to the administrator of support. Art. 22 (Taxation of documents relating to the administration support) 1. The procedure governed by this law is subject to the tax provided for proceedings of voluntary jurisdiction by law. Art. 23 (Entry into force) 1. This law comes into force on the fifth day following that of its legal publication. Our Residence, this day of June 5 2015/1714 THE CAPTAINS REGENT Andrea Belluzzi - Roberto Venturini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini