Order No. 16052 of 2024: Representation in Support Administration

The recent order No. 16052 of June 10, 2024, from the Court of Appeal of Turin offers significant insights into understanding the delicate balance between a person's legal capacity to act and the restrictions imposed by support administration. This ruling delves into the applicability of Article 1722 of the Civil Code, which addresses the effectiveness of powers of attorney in the presence of legal incapacity.

The Regulatory Framework of Support Administration

Support administration is a legal instrument aimed at protecting individuals who, for temporary or permanent reasons, cannot manage their own affairs independently. The Court emphasized that a power of attorney granted by the beneficiary before the administrator's appointment becomes ineffective concerning acts for which the guardianship judge has established restrictions. This principle is fundamental to ensuring that decisions concerning an incapacitated person are always supervised and controlled.

Support Administration - Applicability of Art. 1722 c.c. - To only those acts expressly indicated by the guardianship judge - Rationale. In the context of support administration, a power of attorney by which the beneficiary, prior to the administrator's appointment, conferred representation powers upon the latter or a third party becomes ineffective pursuant to Art. 1722 c.c., with regard to only those acts for which the guardianship judge has extended the restrictions and forfeitures established by law for the interdicted and incapacitated person, as the purpose of the provision is to affirm that no voluntary power of attorney can continue to have effect at the time and to the extent that the principal's capacity to act is limited.

Implications of the Ruling

The ruling in question clarifies that the principal's will, expressed through a power of attorney, cannot prevail over what has been established by the guardianship judge. This aspect is crucial to prevent abuses and ensure the protection of vulnerable individuals. The ineffectiveness of powers of attorney, as established by Art. 1722 c.c., serves to protect the beneficiary's interests and preserve their dignity and autonomy, even when they are unable to fully express their will.

• The power of attorney becomes ineffective when the guardianship judge imposes restrictions.
• Decisions must always be validated by the judge to ensure the beneficiary's protection.
• The provision aims to avoid conflicts between private will and the need for legal protection.

Conclusions

In conclusion, order No. 16052 of 2024 represents an important reminder of the need for a balance between individual freedom and legal protection. The Court of Appeal of Turin, through this ruling, reaffirms that the protection of incapacitated persons must take precedence over any pre-existing power of attorney. This not only strengthens the role of the guardianship judge but also ensures that every action taken on behalf of a vulnerable individual is in accordance with their best interests, thereby preserving their dignity and rights.