De facto guardianship and curatorship in Spain: protecting an elderly relative
When a parent starts needing help managing accounts, signing documents or deciding where to live, families often ask whether they need to go to court. Since the 2021 reform in Spain, in many cases they do not: the de facto guardian role lets you keep providing support without court proceedings. But it has limits worth knowing.
What de facto guardianship is
It is the support provided voluntarily and adequately by someone close (usually a child, spouse or sibling) to a person who needs it, without any court-ordered or voluntary measure in place. The law recognises it as a fully valid support measure.
What a de facto guardian can do
- Help with daily life: doctors, errands, shopping, social services.
- Manage ordinary payments and benefits.
- Apply for dependency support from the regional government of Castilla-La Mancha.
- Carry out acts of minor financial importance in the person’s interest.
To prove their role to banks or authorities, they can obtain a notarial record or court decision recognising it, although this is not always essential.
When court authorisation is needed
For significant acts that require representing the person, the law requires the judge’s authorisation. The most common are:
- Selling or mortgaging a property, such as the family home to pay for a care home.
- Accepting or renouncing an inheritance on the person’s behalf.
- Making gifts or waiving rights.
- Lending money or entering into major contracts.
Authorisation is requested through non-contentious proceedings at the court of the person’s place of residence. The judge assesses whether the act is necessary and beneficial for them.
When to apply for curatorship
De facto guardianship works well when there is family consensus and needs are reasonable. It is advisable to apply for curatorship if:
- Siblings disagree about who provides care or how money is managed.
- There is a risk of financial abuse by third parties.
- Banks or authorities repeatedly create obstacles.
- The person needs ongoing support for acts of representation.
Your duties as guardian or curator
Always act according to the person’s will and preferences, keep them informed and involved, keep receipts for expenses and, in a curatorship, report to the court when asked.
Prevention is better than cure
If your relative can still decide, the best option is for them to grant a preventive power of attorney before a notary. It avoids court cases, speeds up management and ensures their wishes are respected.
How we help
We advise you on your powers as de facto guardian, prepare the application for court authorisation or curatorship and accompany you in court in Albacete or Villarrobledo. We also assist families from La Roda, Tomelloso, Hellín and Almansa, and can help you in English.
Frequently asked questions
Can the bank refuse to let me manage my mother’s account?
It may ask for proof. A notarial record or court decision recognising the de facto guardianship usually resolves it; otherwise, a court measure can be requested.
How long does court authorisation to sell a flat take?
It depends on the court, but it is usually resolved within a few months if the paperwork is complete.
Can there be several guardians?
Yes, several relatives can provide support, although it is best to coordinate and document it to avoid disputes.
This article is for information only and does not replace professional advice on your specific case. It refers to Spanish law.
