The Rossi family consists of two elderly parents and three children. Francesco, the eldest, has a severe intellectual disability. His two younger brothers are still living—one is married with children and therefore financially independent; the other lives at home with the family.
The Rossi family owns the apartment where they live, along with a modest investment income. Francesco is 48 years old. Born with a severe intellectual disability, he has never achieved full independence. He requires constant support in daily activities and personal decision-making. As his parents age, their challenges have grown. His two brothers are now arranging for him to move into a group home.
The family needs guidance on how to manage Francesco's inherited assets and his disability pension, both now and in the future.
Can the group home demand, under its bylaws, that Francesco's entire estate be transferred to it, along with his disability pension and/or caregiver allowance?
To answer this question, we must first recall Article 692 of the Italian Civil Code. Only if Francesco were placed under legal interdiction could his share of the estate be transferred, after his death, to the institution (in this case, the group home) that cared for him. Since Francesco is apparently not interdicted, the group home cannot demand his entire estate. That said, it remains free to refuse him as a resident.
On what legal basis will the group home manage Francesco's assets?
The group home will receive payment for housing and caring for Francesco, just as it does for any other resident.
Given that each resident incurs an annual cost to the group home's budget, must that cost be specifically identified, established, and communicated to Francesco's family?
Of course. Every institution, including the group home, must inform whoever pays that bills what the annual fee will be for the current or coming year.
Is it lawful for the group home to charge more than the actual annual cost of Francesco's care?
The group home, like any private institution, can set fees as it sees fit. Those fees may include not only the actual cost but also profit for whoever runs the enterprise.
In what terms and manner should Francesco's family pay the annual cost to the group home?
Payment terms and methods are set by the group home.
Before both parents die, how can Francesco's family protect his assets from unfounded claims by the group home—while ensuring the home continues to accept and care for him until his death?
This is a difficult question. If Francesco's two brothers are genuinely devoted to him and can credibly assure their parents they will always pay the fees (backed by sound financial circumstances), the parents might transfer bare ownership of the apartment to the two brothers now. The brothers could then offer a guarantee of payment (fideiussione)
Are there legal instruments that can protect Francesco from unfounded financial demands, even without legal interdiction?
Yes. One of the two brothers can request that the court appoint him as Francesco's legally authorized representative for ordinary financial matters. He would then oversee daily expenses.
What are the present and future rights and duties of Francesco's brothers toward him, now that he has entered the group home?
Under Article 433 of the Italian Civil Code, brothers are obligated to provide maintenance support (alimenti) to Francesco.
After the parents die, if Francesco is not interdicted, how should his brothers handle the group home's management of his assets?
As I said in the sixth answer: if the parents have already transferred assets to the other two brothers, their only obligation will be to maintain Francesco at the group home. If instead Francesco holds the usufruct, the brother appointed as his legally authorized representative will manage the tax and legal matters related to that right and will pay the fees owed to the group home. The group home must never manage Francesco's estate itself.
Edited by Laura Nardini, 2008
