Who Does This Law Protect?
Law No. 6 of January 9, 2004 establishes the role of supported administrator for those who, "as a result of physical or mental infirmity or impairment, find themselves wholly or partly, temporarily or permanently, unable to manage their own affairs."
Article 1 sets out the law's purpose: to "protect persons who lack, in whole or in part, the ability to perform the functions of daily life, with the least possible limitation of their legal capacity, through temporary or permanent support measures."
In practice, the law serves anyone whose condition—for whatever reason—prevents them from independently handling ordinary daily tasks. This includes elderly people, those in long-term care, people with mental illness, people with disabilities, and others.
Who Can Request It
The person in need can request the appointment of a trusted individual as their supported administrator. Others may petition the judge—the spouse, anyone living with them as a domestic partner, relatives within the fourth degree of kinship, in-laws within the second degree (parents-in-law and siblings-in-law), a guardian or conservator, or the public prosecutor. Healthcare and social service agencies caring for or assisting the person are also legally required to file for supported administration or report the situation to the public prosecutor.
How It Works
The request is made by petition—even without a lawyer—to the family court judge in the district where the person lives. The petition must include the person's name, address, reasons for the request, and the names and addresses of any spouses, children, parents, siblings, or domestic partners.
The judge decides only after meeting with the person (visiting their home if necessary), speaking with family members, and ordering medical evaluation if needed. The judge should issue a ruling within 60 days of the petition. In urgent cases, the judge may act immediately.
Who Becomes the Supported Administrator
If the legal conditions are met, the judge appoints a supported administrator—either the person nominated by the applicant or someone chosen from among close relatives deemed suitable, or even a representative of a social services organization. The judge cannot appoint someone already providing professional care to the person.
What the Administrator Does
In the appointment order, the family court judge specifies which acts the administrator may perform on the person's behalf and which acts the person may perform only with the administrator's assistance. The judge also sets limits on spending from the person's available funds.
This gives the judge considerable flexibility in tailoring the arrangement to the person's needs.
Once supported administration is in place, the person retains full legal capacity for all acts not requiring the administrator's exclusive representation or necessary assistance. The person can independently handle all acts needed for daily living. The administrator is bound by the same restrictions as a traditional guardian—cannot receive anything from the person through inheritance or gift, and cannot continue in the role beyond ten years unless they are a spouse, domestic partner, parent, or child. The administrator must regularly report to the judge on the person's living conditions and well-being. Any act outside the administrator's authority is invalid and may be challenged within five years after the administration ends.
Supported administration offers a flexible tool for protecting those who can live relatively independently but lack family support or find themselves in difficult social circumstances. It allows assistance without the heavier legal restrictions imposed by full guardianship or conservatorship, which severely limit a person's legal capacity.
By Stefano Artero (Civil Law Attorney)
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