The support administrator
The support administrator is a figure who was introduced with Law 6 of 9 January 2004 and is regulated in the civil code by art. 404 and following. The Support Administrator is dedicated to the weakest subjects such as: disabled people, alcoholics, drug addicts, brain stroke victims, prisoners, terminally ill, elderly. Such impairments or incapacities can be even temporary. The support administrator therefore helps the person who needs it and for whom he is appointed for all those fulfilments of daily life in which it is necessary to face concrete problems. For example, the interested party can be helped to invest sums of money, sell, buy or rent a property.
How to request it and who appoints it
The support administrator can be requested both by the beneficiary himself and by third parties. In the event that the same beneficiary wishes to be assisted by this figure he must simply appeal to the tutelary judge. This judge is present at each court. He can appoint the support administrator, even if the beneficiary himself is interdicted or incapacitated. The support administrator can also be appointed in anticipation of any future incapacity. It has the right to designate its support administrator by public deed or authenticated private writing.If third parties want to request the appointment for a subject, the civil code includes the spouse or the person permanently living with the beneficiary. It can also be requested by relatives within the fourth degree and related ones within the second degree. The beneficiary’s guardian or curator may also request the appointment. Health and social care managers directly involved in personal care and assistance may also request it. Social workers and even public prosecutors can even request it.
People can be chosen to fill this role
For the choice of the person to be appointed as support administrator, the tutelary judge prefers if possible: the spouse who is not legally separated; the person permanently living together; the father; the mother; the son; the brother; the sister; the relative within the fourth degree; the subject designated by the surviving parent with a will, public deed or with authenticated private deed. The operators of public or private services that have the beneficiary in care or in charge cannot perform this function.
The appointment process
Once the appeal has been lodged, the tutelary judge will appoint within 60 days with a reasoned executive decree immediately. The appointment can be for a fixed or indefinite period. The appointment provision indicates: the general information of the director; the duration of the appointment; the object of the assignment and the acts that the administrator can perform; limits on the use of the sums available; periodicity with which the administrator must submit to the judge to protect the activity carried out.The appointment decree is in fact like a suit tailored to every need and is calibrated according to the needs and actual status of the beneficiary. The support administrator can ask for the termination of the assignment or to be replaced. The public prosecutor always intervenes in the appointment procedure. This figure is very useful especially in our society where life has lengthened and not everyone has the opportunity to have a relative who assists you in daily management.
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