Spain's New Law on Guardianship: Clarity Needed Amidst Confusion

Alicante, Spain – A new law in Spain is changing how legal guardianship is handled, creating both opportunities and challenges for families. Law 8/2021 introduces the 'de facto guardian,' a figure that can represent individuals lacking full legal capacity without court appointment. However, this new role has led to confusion. "The problem is that many people believe being a 'designated guardian' gives them carte blanche, and that's not the case," explains Notario María Cristina Clemente Buendía in a recent podcast episode. Two Valencian judges interviewed in the episode highlight the difficulties in updating thousands of old rulings and educating families about the new regulations. The judges emphasize the need for clear understanding of the de facto guardian's limited scope of authority, ensuring that the rights of those under their care are protected. The new law aims to provide more flexible support systems, but it requires careful navigation to avoid potential pitfalls. The podcast episode offers valuable insights into this complex legal landscape.