Presupposti dell’amministrazione di sostegno e autodeterminazione del potenziale beneficiario

Di Gaspare Lisella -

The most recent jurisprudence of legitimacy on the prerequisites of the support administration provides the starting point for some critical considerations concerning the relevance of the potential beneficiary’s capacity of self-determination. In particular, after recalling the admissibility of a protection measure also with non-incapacitating effects, it is argued that the absence of a support network does not constitute a subsidiary prerequisite for the appointment of the administrator, which always and only implies the impossibility, even partial, of providing for one’s own interests ascribable to a physical or psychic infirmity or impairment. In this way, it’s also stated that prodigality, in order to justify a limitation of the capacity to act, must necessarily be presented as a symptom of an alteration of the mental faculties.