Legal Protection Beyond the Age of Majority

Reaching the age of eighteen marks a fundamental transition for every family, but for parents of a child with a disability, this milestone is often accompanied by deep concerns and complex questions about the future. When parental responsibility legally ceases upon reaching adulthood, the immediate need arises to ensure continuity of protection that safeguards the young adult in daily decisions, asset management, and healthcare. As an expert family law attorney in Milan, Avv. Marco Bianucci understands that the priority is not just bureaucratic compliance, but the construction of a solid and lasting legal safety net.

Italian law offers specific tools to address this transition, balancing the need for protection with respect for the dignity and remaining capabilities of the individual. It is not merely about appointing a legal representative, but about precisely defining how parents can continue to support their child, both in terms of decision-making and finances, through the institution of the support administration and the regulation of maintenance.

The Regulatory Framework: Support Administrator and Maintenance

The primary legal tool available to families is the Support Administration (introduced by Law no. 6 of 2004). Unlike the old system of interdiction, which deprived the individual of all legal capacity, support administration is a tailor-made measure: the Guardianship Judge determines, on a case-by-case basis, which acts the beneficiary can perform alone and for which they require the assistance or representation of the administrator. This tool is essential to allow parents to continue acting in the name and on behalf of their disabled child in dealings with banks, social security institutions (INPS), and healthcare facilities.

Parallel to managerial protection, there is the economic aspect. The obligation of maintenance for an adult child who is not self-sufficient remains with the parents. In the case of children with severe disabilities that prevent them from entering the workforce, this obligation is intended to last indefinitely. Case law confirms that the right to maintenance includes not only sustenance but everything necessary to ensure a dignified quality of life, including specialized medical care and home assistance.

The Approach of Studio Legale Bianucci to Protecting Vulnerabilities

The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is distinguished by meticulous attention to the specific needs of each family unit. No two applications for the appointment of a support administrator are the same: each disability has different nuances, and each family has unique financial and emotional dynamics.

The firm's strategy involves a thorough preliminary analysis to draft an application to the Court of Milan that is as detailed as possible. The goal is to obtain an appointment decree that grants parents (or the designated family member) all the necessary powers to act without future bureaucratic obstacles, while at the same time avoiding excessive limitations on the beneficiary's freedom where not necessary. Furthermore, Avv. Marco Bianucci assists parents in the correct quantification and formalization of the maintenance allowance, especially in cases of separation or divorce, to ensure that the resources intended for the disabled child are adequate and protected over time, also planning for the so-called 'After Us' (Dopo di Noi).

Frequently Asked Questions

When should the application for a support administrator be submitted?

It is advisable to act before the child turns 18. Submitting the application a few months before reaching the age of majority allows the procedure to be already underway or concluded by the eighteenth birthday, thus ensuring that there is no day of 'gap' in the child's legal protection.

Can parents be appointed support administrators?

Yes, in most cases, the Guardianship Judge prefers to appoint one of the parents or a close relative, as they are the individuals who best know the beneficiary's needs and aspirations. Only in cases of family conflicts or the absence of suitable relatives are external professionals engaged.

Does maintenance for a disabled child cease at a certain age?

No. If the disability prevents the child from earning their own living and achieving economic independence, the parents' obligation to provide maintenance continues indefinitely, regardless of the child's age.

What happens if the parents are separated?

In the case of separated parents, both must contribute to the maintenance of the disabled child in proportion to their assets. The maintenance allowance and the management of extraordinary expenses (medical, rehabilitative) must be recalculated taking into account the permanent disability, often requiring specific agreements during divorce proceedings or modifications to existing conditions.

Request a Consultation in Milan

Facing the future of a child with a disability requires technical expertise and human sensitivity. If your child is about to become an adult or if you need to review existing protection arrangements, Avv. Marco Bianucci is available to guide you. Contact Studio Legale Bianucci at via Alberto da Giussano 26 in Milan to evaluate together the best path to ensure peace of mind and security for your family.