Disability support measures: the guardianship reform (Ley 8/2021)

Last updated 16 July 2026 · Reviewed by Jaime Piñeira Pardo, lawyer registered with the ICAM bar, no. 138826 · English version of our Spanish guide.

Ley 8/2021 eliminated judicial incapacitation and adult guardianship: now, when a person with a disability cannot decide alone, a judge establishes support measures (assistive or representative curatela, or a judicial defender) always respecting their will. They are requested through voluntary jurisdiction before the Court of First Instance. Managora prepares and submits the file for you.

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What is new, and the law that applies

Current regulation: Ley 8/2021, of 2 June (BOE of 03/06/2021), in force since 3 September 2021. It reformed the Código Civil (Civil Code), the Ley de Enjuiciamiento Civil (Civil Procedure Act), the Ley de Jurisdicción Voluntaria (Voluntary Jurisdiction Act), the Ley del Notariado (Notary Act), the Ley Hipotecaria (Mortgage Act) and the Ley del Registro Civil (Civil Registry Act).
Judicial incapacitation, capacity modification, extended and rehabilitated parental authority and adult guardianship disappear.
The curatela is assistive as a general rule; the representative one is exceptional, it applies when essential due to the person's circumstances and its representation functions are only attributed when, despite considerable effort, it is not possible to determine their will, desires and preferences (articles 249, 268 and 269 of the Código Civil (Civil Code)).
Incapacitation judgments prior to 3 September 2021 continue to produce effects until their review, which can be requested at any time.
By 2026 the system is fully consolidated: the file is initiated through voluntary jurisdiction with a written document before the Court of First Instance, without a numbered official form.

What changed with Ley 8/2021?

Ley 8/2021 adapted Spanish law to the New York Convention on the rights of persons with disabilities (2006). Since 3 September 2021, no one is incapacitated or has their capacity modified: every adult retains their legal capacity on an equal basis.

Instead of substituting the person, the new system provides support so they can decide for themselves. Only when it is not possible to know their will can a support figure make decisions on their behalf, and always in a limited and reviewable manner.

Adult guardianship, extended and rehabilitated parental authority and the figure of incapacitation are abolished. The core is now the curatela (curatorship) and, for specific cases, the judicial defender.

What support measures exist?

Voluntary (decided by the person themselves and taking preference over judicial ones): preventive powers of attorney and mandates, and self-curatorship. They are granted before a notario (Spanish notary) and registered in the Registro Civil (the official civil registry), allowing you to foresee who will support you and with what rules if you ever need it.

De facto guardianship: whoever is already adequately supporting the person can continue doing so without a formal appointment. They only need judicial authorisation for specific acts, for example disposing of assets of certain relevance (articles 263 and 264 of the Código Civil (Civil Code)).

Judicial: the curatela, which is assistive as a general rule and representative only exceptionally, and the judicial defender, for occasional matters or when there is a conflict of interest with the person providing support. The following table summarises each figure.

Who can request support measures?

The person with a disability themselves, their non-separated spouse or unmarried partner, their descendants, ascendants or siblings, and the Public Prosecutor's Office are legitimised. Anyone can bring the facts to the attention of the Public Prosecutor's Office so they can promote the file.

The competent court is the Court of First Instance of the domicile or residence of the person with a disability. The file is initiated through voluntary jurisdiction and only becomes contentious if an interested party objects.

How are the person's will, desires and preferences respected?

Every measure must be proportionate, respect the maximum autonomy of the person and attend in any case to their will, desires and preferences (article 268 of the Código Civil (Civil Code)). That is why the judge always hears them in accessible conditions, and they can be accompanied and have interpreters or communication support systems.

The person can propose who they want, and who they do not want, as a support figure. The judge must follow that preference unless there is a justified cause. Leaving it foreseen by a preventive power of attorney or self-curatorship before a notario is the best way to ensure their will is respected.

How often are the measures reviewed?

The court order establishing the measures sets a review period of a maximum of 3 years. Only exceptionally and with justification can the judge indicate a longer period, which can never exceed 6 years.

Furthermore, the measures are reviewed at any time if the person's circumstances change. They are neither permanent nor definitive: they are adjusted, expanded or removed as the situation evolves.

What happens to incapacitations and guardianships prior to 2021?

Incapacitation judgments and guardianships issued before 3 September 2021 continue to produce effects until they are reviewed and adapted to the new system. The review can be requested by the affected person or other legitimised parties at any time, and is also promoted by the Public Prosecutor's Office.

Upon review, the old guardianship or incapacitation is transformed into a curatela or another support measure adjusted to the real needs of the person, with its corresponding review period.

Step by step

1
Choose the appropriate route
If the person can still decide, consider a preventive power of attorney or a self-curatorship before a notario (voluntary route). If they can no longer decide alone, the judicial route applies (curatela or judicial defender). Managora tells you which one fits your case.
2
Gather the documentation
ID of the person and the applicant, family book or certificates proving kinship, medical or psychosocial reports describing the situation and support needs, and asset details where applicable.
3
Submit the application to the Court
A voluntary jurisdiction file is initiated before the Court of First Instance of the person's domicile. There is no numbered official form: it is a written application for the provision of support measures that Managora drafts and submits for you.
4
Hearing and evidence
The judge always hears the person in accessible conditions, with the intervention of the Public Prosecutor's Office and, if applicable, an examination by the forensic doctor. Their will, desires and preferences are evaluated before deciding.
5
Resolution (court order)(Maximum review: 3 years (exceptional and justified, up to 6 years))
The judge establishes the support measure (assistive or representative curatela, or judicial defender), the person who will exercise it, the specific acts affected and the review period.
6
Acceptance of the position and registration
The curator accepts the position before the court and, when applicable, makes an inventory of assets. The measure is registered in the Registro Civil so it produces effects against third parties.
7
Periodic review(Within the period of the court order or at any time if the situation changes)
The measures are reviewed within the period set in the court order, or earlier if the person's circumstances change, to adjust, expand or remove them.

Legal capacity support measures (Ley 8/2021)

Measure	Origin	What it is for
Preventive powers of attorney and mandates	Voluntary (notario)	The person designates in advance who will support them if they need it in the future
Self-curatorship	Voluntary (notario)	The person proposes in advance who their curator will be and with what rules
De facto guardianship	Informal (without appointment)	Whoever already supports adequately continues; judicial authorisation only for specific acts
Assistive curatela	Judicial	The curator assists and accompanies; the person continues deciding (general rule)
Representative curatela	Judicial (exceptional)	The curator decides for the person, when essential, in the specific acts set by the judge
Judicial defender	Judicial (specific)	Support for a specific matter or when there is a conflict of interest

Key periods and rules of the support provision file

Situation	Period or rule
Ordinary review of the measures	Maximum 3 years (exceptional and justified, up to 6 years)
Change in the person's circumstances	Review at any time, without waiting for the period
Objection by an interested party	The file moves to a contentious procedure (verbal trial)
Incapacitations or guardianships prior to 03/09/2021	Their review can be requested at any time

Assistive curatela versus representative curatela

	Assistive curatela	Representative curatela
Who decides	The person, with the accompaniment of the curator	The curator, on behalf of the person
When it is used	General rule of the system	Exceptional, when essential due to the person's circumstances; their representation functions only if, despite considerable effort, their will, desires and preferences cannot be determined
Scope	Assistance in the acts set by the judge	Limited to the specific acts listed by the judge
Controls	Without representation; fewer controls	May require judicial authorisation and inventory for certain acts
Review	Maximum 3 years	Maximum 3 years (exceptional 6)

Official forms and where it is filed

Written application for the provision of judicial support measures (Court of First Instance of the person's domicile). There is no numbered official form.
Public deed of preventive power of attorney or mandate / self-curatorship (Notary office), with subsequent registration in the Registro Civil
Acceptance of the curator position and, where applicable, inventory of assets (before the Court)

Frequently asked questions

Does judicial incapacitation no longer exist?

No. Since 3 September 2021, no one is incapacitated or has their capacity modified. Every adult retains their legal capacity and, if needed, they are provided with proportionate and reviewable support measures (curatela or judicial defender).

What is the difference between assistive and representative curatela?

In the assistive one (the general rule) the person continues deciding with the accompaniment of the curator. In the representative one, which is exceptional and only when essential due to the person's circumstances, the curator decides on their behalf in the specific acts listed by the judge; their representation functions are reserved for cases where, despite considerable effort, it is not possible to determine the person's will, desires and preferences.

How much does it cost and what official fees must be paid?

Natural persons do not pay a tasa (official fee) for this file. You can find Managora's updated fees for preparing and submitting the file on the procedure's page. Managora tells you from the beginning what you need to provide.

Can the person with a disability participate or object?

Yes. The judge always hears them in accessible conditions, they can be accompanied and have interpreters. They can propose who they want as support. If an interested party objects, the file moves to a contentious procedure.

Can I foresee who will support me if I ever need it?

Yes. Through a preventive power of attorney or mandate, or a self-curatorship before a notario, you can designate in advance who will support you and with what rules. These voluntary measures take preference over those a judge would establish.

How often are the support measures reviewed?

The court order sets a maximum period of 3 years, extendable exceptionally and with justification up to 6. Furthermore, they can be reviewed at any time if the person's circumstances change.