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Interdiction (Curatela) and Guardianship of Minors

Those who, for transitory or permanent reasons, are unable to express their will may be interdicted; habitual drunks and drug addicts; and the prodigal (person who reveals himself by an immoderate expense capable of compromising his patrimony), as set out in article 1767 of the Civil Code. To this end, a curator must be appointed, respecting the order provided for in article 1,775 of the Civil Code, preferably the spouse or partner, not separated or divorced. In the absence of these, the father or mother is the legitimate curator; Deceased or absent, the descendant that proves to be the most fit.

The curator will be required to provide care to the curatorate and manage their assets, including periodically reporting to the court that has chosen them.

When dealing with an incapable minor, a guardian must be judicially appointed who will also provide care and manage their assets.

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