Guardianship · SPD Advocacia

Can a family member no longer manage their assets? Understand guardianship (curatela)

Guardianship, provisional guardian and supported decision-making. See when each path applies, how the process works and what changes for the protected person, and send your request to the team.

Information based on the lawAttorney-client confidentialityReply via WhatsApp

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What is your case?

Each situation has its own path

Guardianship (curatela) protects adults who can no longer manage their own assets and affairs alone. The law also provides lighter options for those who still make their own decisions and only need support.

Parent or spouse with Alzheimer's or dementia

Guardianship

When an illness prevents a person from expressing their will and managing their money, retirement and assets, the family asks the courts for guardianship (curatela). The judge appoints a guardian for these acts.

Civil Code, art. 1,767; CPC, arts. 747 to 758

Child with a disability who turned 18

Guardianship or supported decision-making

Parental authority ends at 18. If the child cannot manage assets and sign contracts, guardianship applies, limited to what is necessary. If they understand and want to decide with support, supported decision-making may be enough.

Law 13,146/2015, art. 84

Stroke, accident or long hospital stay

Guardianship with a provisional guardian

If there are bills to pay, benefits to collect or property to manage urgently, the judge may appoint a provisional guardian at the very start of the case, for specific acts.

CPC, art. 749, sole paragraph

Alcohol or drug dependence, or uncontrolled spending

Partial guardianship

The law also protects people who, due to substance dependence or prodigality, put their own assets at risk. In these cases, guardianship covers only financial and property matters.

Civil Code, art. 1,767, items III and V

The person understands but wants help

Supported decision-making

The person chooses at least two trusted people to support them in civil-life decisions. They still make the decisions. The request is filed by the person, and the judge approves the agreement.

Civil Code, art. 1,783-A

I'm already the guardian

Accounting, sale of assets and replacement

The guardian reports to the judge, needs court authorization to sell the protected person's real estate and may ask to be replaced. The guardianship (curatela) can also be reviewed if the person improves.

Law 13,146/2015, art. 84, § 4; CPC, art. 756

Limits of the guardianship

What changes for the protected person

What guardianship covers

Acts of a financial and business nature: receiving benefits, managing bank accounts, signing contracts, and managing and selling assets with the judge's authorization.

What stays with the person

Rights over one's own body, sexuality, marriage, privacy, education, health, work and voting. Guardianship is an extraordinary measure and should last as short a time as possible.

Sources: Law 13,146/2015 (Statute of Persons with Disabilities), arts. 84 and 85.

A power of attorney does not help when the person can no longer express their will: the document requires the signer to have legal capacity. In these cases, the safe path is guardianship (curatela). This page provides general information and does not replace an analysis of your case.

Step by step

How the process works

Lawsuit in court. It can be requested by the spouse or partner, by relatives, by the representative of the institution where the person lives, or by the Public Prosecutor's Office. The request includes a medical report, or an explanation of why it could not be obtained.
Provisional guardian, if urgent. The judge may authorize someone to carry out specific acts while the case is pending.
Interview with the judge. The person is heard about their life, assets, wishes and family ties. If they cannot travel, the judge may go to them.
Expert review. A team assesses the person's capacity to perform the acts of civil life.
Judgment. The judge appoints the guardian and defines the scope of the guardianship (curatela). The decision is registered and published.
After the judgment. The guardian reports to the judge and manages the assets in the interest of the protected person.

Sources: CPC, arts. 747, 749, 750, 751, 753 and 755.

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Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach medical reports and documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp.

Common questions

Frequently asked questions

Who can be the guardian?

The law gives preference to the spouse or partner, then to the father or mother and, in their absence, to the most suitable descendant. The judge may choose another person if that is better for the person being protected, and may also appoint more than one guardian, in shared guardianship (Civil Code, arts. 1,775 and 1,775-A).

Is "interdiction" still a thing?

The Code of Civil Procedure still uses the word interdiction for the proceeding. Since the Statute of Persons with Disabilities, however, guardianship (curatela) is proportional to each person's needs and covers only property and business acts.

Do I need a medical report to start?

Yes, the law requires the medical report to be filed with the request. If it cannot be obtained, the reason must be explained (CPC, art. 750). Afterwards, the judge also orders an expert examination.

Can guardianship be done at a notary office?

No. Guardianship (curatela) depends on a court decision, with the participation of the Public Prosecutor's Office.

The family does not agree. What now?

Disagreement among relatives is common and is resolved in the proceedings. State in the form who disagrees and why, so the strategy takes it into account from the start.

The person lives in another city. Does the service work?

Yes. The firm serves clients throughout Brazil and abroad, via WhatsApp and video calls.