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On August 30th, 2016, Law number 9379, entitled “Law for the Promotion of Personal Autonomy of People with Disabilities”, was published in the Official newspaper. This law was put into effect to replace the process known as “insanity” and aims to promote and ensure for people with disabilities, the full exercise of the right to personal autonomy. As a result of this, the figure of the guarantor for legal equality of people with disabilities is created, and also the figure of personal assistance to enhance that autonomy.
This law indicates that it is the Government that will ensure that the person with disabilities has access to the figure of the guarantor and personal assistance, as long as that person, due to the disability, requires support for the full exercise of his personal autonomy. All people with disabilities have the right to have their legal personality, legal capacity and ability to act recognized; in addition, the ownership and legitimate exercise of all rights.
The process that must be filed to gain access to this type of legal entity is called “safeguard”, and it must be presented before the corresponding Family Court. The same person with intellectual, mental or psychosocial disability may go to the Family Court to request the safeguard. Exceptionally, when the management of the disability itself becomes complicated, the relatives of the person with a disability may request the safeguard, and in the absence of relatives, any institution or non-governmental organization that provides services or supports to the person with a disability
About the guarantor
The person who is designated as the guarantor of the person with disability, has a series of obligations that must be met, so that this figure is useful. The guarantor must not act without considering the rights, will and capacity of the person with disabilities, since it is not a question of the guarantor making his own decisions, but rather of assisting the disabled person and helping him or her to make the best decision. The guarantor must also assist the person with disabilities in making decisions in the legal, financial and patrimonial fields; always considering the position of the person who attends.
Personal assistance
The purpose of this law is to be able to contribute with the exercise of the right to personal autonomy of people with disabilities, on equal terms with others. The personal assistant will work and contribute based on an individual support plan. The plan determines the type of support that the person with disability requires when carrying out the basic activities of their daily life.
For determining the type of support, its intensity and number of hours provided, said plan will have to be prepared by the person with disabilities or in conjunction with another person, and must be endorsed by the technical and professional staff of the Program for the Promotion of Personal Autonomy of People with Disabilities of the National Council of People with Disabilities (Conapdis).
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