Self-protection and voluntary support measures
Advance legal planning has gained increasing importance in recent years, especially following the entry into force of Law 8/2021, which profoundly reformed the support system for people with disabilities. One of the pillars of this reform is self-guardianship, a figure that allows any adult to establish, by means of a public deed, who they want to assist them in the future in case they come to need support to exercise their legal capacity.
This mechanism represents a strengthened manifestation of the autonomy of will and offers legal certainty to those who wish to anticipate possible situations of vulnerability, without renouncing respect for their preferences, values and lifestyle.
From self-protection to self-guardianship: the legal change
The evolution of state and Catalan regulations
Until September 2021, self-guardianship allowed a person to specify in a public deed who should be their guardian in case of future incapacity. However, with the approval of Law 8/2021, of 2 June, and the Decree Law 19/2021, of 31 August, in Catalonia, this figure was repealed and replaced by self-curatorship and voluntary support measures.
Terminological differences following Law 8/2021
The reform has been more than a simple change of terminology. Guardianship is now reserved exclusively for unemancipated minors. Instead, the legal system prioritises the figure of the curator as a support person for adults who need it, always respecting their wills, wishes and preferences. Thus, what was previously called “self-guardianship” is now termed self-curatorship.
What is self-guardianship?
Self-protection: Meaning and purpose
Self-guardianship is the act by which an adult or emancipated minor, in anticipation that they may need support in the future, appoints one or more persons to act as guardian. This provision is always made by public deed, which grants full legal validity and guarantees the fulfilment of the grantor's will.
In the Catalan context, the legal system has replaced the guardianship of adults with the figure of the assistant, regulated by Decree Law 19/2021, of 31 August, and developed in articles 226-1 to 226-7 of the Civil Code of Catalonia. Although self-guardianship is typical of the common state regime, in Catalonia it has a functional parallel in the voluntary appointment of assistance, also by public deed. For a detailed analysis of this figure, our complementary article can be consulted:
Self-protection in the Civil Code: Regulation
Articles 271 to 274 of the Civil Code, in their current wording, include this possibility. Article 271 establishes that the grantor may include provisions relating to personal care, management of assets regime, curator's remuneration, obligation to make an inventory or its waiver, as well as measures of control and supervision.
Autonomy of the will and constitutional principles
The Supreme Court Judgment 734/2021, of 2 November, recognises that self-guardianship directly responds to the principles of autonomy of will, free development of personality and human dignity, enshrined in Article 10 of the Spanish Constitution. It is, therefore, a key figure for protecting the fundamental rights of people with disabilities.
How is self-guardianship formalised?
Public notarial self-guardianship deed as the sole form
The only valid instrument to establish a self-guardianship is the public deed before a Notary, which guarantees that the act is the result of an informed, free and conscious decision. Private documents or testamentary dispositions are not accepted.
Who can grant a deed of self-guardianship?
It can be granted by any adult or emancipated minor who retains the necessary discernment, which also includes people with disabilities, provided they can express their will with the appropriate notarial advice.
Possibility to appoint and exclude persons
The grantor can not only appoint who they wish to act as curator, but also expressly exclude specific individuals from exercising that role. This strengthens the protection of personal will against possible situations of conflict or distrust.
Rules on substitution and delegation of the curator
The law allows for the appointment of substitutes in case the designated guardian is unable to act, as well as delegating to the spouse or another trusted person the choice of the guardian among those appointed. If the order of preference is not indicated, the one stated in the most recent document will be considered preferred or, failing that, the one mentioned first.
Effects and limits of self-guardianship
Judicial connection and powers of the judge
The judge is bound by the will expressed in the self-guardianship deed at the time of establishing the guardianship. However, they may wholly or partially disregard those provisions if serious circumstances unknown to the grantor arise or if there has been a substantial change in the circumstances envisaged (art. 272 CC).
Can the deed of self-guardianship be revoked?
Self-guardianship is revocable at any time, by means of a new public deed. Furthermore, any interested party, including the Public Prosecutor's Office, may judicially request the review of the measure, if abuse, conflict of interest or undue influence is detected.
Registration in the Civil Registry
Article 77 of Law 20/2011, of the Civil Registry, provides for the mandatory registration of support measures in the individual registry of the interested party. It is the responsibility of the Notary to officially communicate the granting of the deed for its record.
The self-protection granted before Law 8/2021
Effects according to the third transitional provision
The measures granted prior to the entry into force of Law 8/2021 remain valid, but are interpreted and applied as self-protection, in accordance with the new legal framework. This is established by the Third Transitional Provision of the law itself.
Application of STS 1449/2024
The Supreme Court Judgment 1449/2024, dated 4 November, reaffirms this doctrine by stating that a general power of attorney with a survival clause, granted before 2021, if it aligns with the current will and functions effectively, does not require the establishment of a judicial guardianship, except by a motivated court decision to the contrary.
Advice from Notaries specialising in self-guardianship
Why is it advisable to grant it with professional advice?
Self-protection is a powerful tool to safeguard the personal life project, prevent conflicts and avoid unwanted judicial decisions. But its correct application requires a deep knowledge of the law and an adequate notarial drafting, which faithfully reflects the will of the grantor.
In our experience as Notaries, we recommend not waiting for difficulties to arise, but to anticipate with clarity and legal support. A well-structured deed can make a difference in situations of vulnerability or future dependency.
The role of the Notary in self-guardianship: guarantee of will, understanding, and legality
The Notary not only authorises the document, but also guarantees the validity, understanding and freedom of execution. Furthermore, they can help the grantor to identify safeguards, establish controls, and foresee mechanisms for periodic review, all in order to protect their will and prevent abuse or conflicts of interest.
Frequently asked questions about self-guardianship and voluntary support measures
Self-guardianship is a voluntary and preventive measure, granted by the person themselves in anticipation of a future need for support. In contrast, judicial guardianship is a measure initiated by the judge, when there are no sufficient voluntary measures. Self-guardianship allows choosing who will provide the support and under what conditions, whereas in judicial guardianship the judicial authority appoints the guardian.
The difference between self-guardianship and preventive power of attorney is that the preventive power of attorney allows a person to act on your behalf in certain acts, whereas self-guardianship regulates who will hold the position of guardian if you should need it in the future.
Yes. In fact, both figures are compatible. It is common to grant both instruments in the same public deed, adapting them to different situations.
Learn more here: Incapacity and preventive powers
Yes. The registration in the individual register of the interested party is mandatory and guarantees publicity and effectiveness against third parties. The notary will notify ex officio the deed to the Civil Registry after its execution.
Yes. The self-guardianship is revocable at any time, by means of a new public deed. It can also be modified totally or partially if the personal or family circumstances of the grantor change.
The former self-guardianship is understood to have become self-caretaking in accordance with the new legal framework of Law 8/2021. If the content of the document remains valid and adapts to the current circumstances of the grantor, it is not necessary to grant it again, although a review with a notary is recommended.
Only in exceptional and justified cases, such as when there are serious circumstances unknown to the grantor at the time of granting it or if the appointed curator may pose a risk due to abuse, conflict of interest or undue influence. In these cases, the judge may modify the appointment by reasoned resolution.
Self-protection in Barcelona before a Notary
Self-guardianship and voluntary support measures are established as essential instruments to proactively exercise the right to decide about one's own future, even in contexts of vulnerability. This legal figure not only allows preserving personal autonomy but also helps to prevent conflicts, protect the values of the grantor, and guarantee a legal response consistent with their wishes.
At JLA Notarios, we understand that legally anticipating is not just a matter of foresight, but of dignity, freedom, and legal certainty. That is why we accompany each person in the process of granting their self-guardianship deed in Barcelona with the utmost rigour, clarity, and sensitivity.
If you wish to plan with guarantees who will support you in the future and under what conditions, contact our Notary Office in Barcelona. You can do so through our contact form, by sending an email to bcn@jlanotarios.com or writing to us on WhatsApp at the phone number 607 50 01 71.
