05.05.2022

New protection measures for people with intellectual and psychosocial disabilities

In a recent article, Cătălina Dicu  - Senior Partner – și Valentina Preda – Partner, STOICA & ASOCIAȚII – analyze in detail the provisions of the recent law amending the Civil Code (law sent for the promulgation of the President), which manages to remedy the shortcomings of the Constitutional Court, by aligning national regulation with the requirements of the Convention on the Rights of Persons with Disabilities. Thus, "the protection of the adult takes place by instituting the measure of judicial counsel or special guardianship, or of cleaning or other measure provided by law."

Special guardianship and legal counseling are measures to protect the person with mental or cognitive disabilities (with abolition or diminished discernment), while guardianship seeks to protect the person with physical but mentally handicapped disabilities.