The judicial process for “adult accompaniment”

Abstract

The Portuguese previous civil regime provided for situations in which, due to some physical or mental deficiencies, the capacity to exercise rights was limited, in the interests of the incapable. In those cases, when people were not in a position to govern their person and their property or only their property, the application of the interdiction and incapacitation regimes could be judicially requested in order to protect the interests of the incapable. However, this scheme did not meet the requirements of the specificity of the problems of people with diminished capacity and was far from providing good solutions. In this framework, Law 110 / XIII was proposed, which gave rise to Law no. 49/2018, of 14th of August, that established the legal system of the adult accompanied, eliminated legal institutes of interdiction and incapacitation and instituted the judicial process of adult accompaniment, whose analysis we carry out in this article.

Keywords

• adult accompanied
• monitoring process for the accompanying adult