Provisions in the event of gradual disability: Choice between various legal entities and preventive power

Abstract

This contribution examines the possibility recognised in Spanish law that individuals, in anticipation of a possible future gradual deterioration of their volitional capacity and legal capacity, may grant a preventive power of attorney or resort to other legal instruments, so as to avoid having to resort to judicial measures for the appointment of a guardian or the adoption of judicial support measures. Other possible measures are examined insofar as they only affect the power of disposal and not legal capacity, such as the self-limitation of the power of disposal or the donation of the simple power of disposal, to constitute an atypical real right.