The Appointment of Assistance in Catalonia: What it is and Procedure
The entry into force of the Decree Law 19/2021, of 31 August, represented a profound change in Catalan civil law, aligning its regulations with the principles set out in the New York Convention on the Rights of Persons with Disabilities. From 3 September 2021, the guardianship of adults disappears from the Catalan legal system, being replaced by mechanisms more respectful of the person's will, such as voluntary assistance.
Assistance in case of disability or illness: the new paradigm of support for legal capacity
In this new legal framework, the designation of assistance becomes a key figure. Thanks to it, any adult can establish, by public deed, who they wish to provide them with support in the future, under their own conditions and with all legal guarantees. In this article, we explain what this figure consists of, how it is formalised, and what advantages it offers.
Although the figure of assistance is specific to the Catalan legal system, there is an analogous figure in common law: the self-guardianship, regulated in articles 271 and following of the Civil Code. Both serve the same purpose: that the person themselves, with full capacity, can anticipate who and how they want to be supported in case of future need.
The Catalan regime after Decree Law 19/2021
Termination of guardianship for adults
The Decree Law 19/2021 adapts the Civil Code of Catalonia to the new legal reality arising from the State Law 8/2021. Since its entry into force, guardianship, curatorship and extended or reinstated parental authority can no longer be established in relation to adults. Thus, a more flexible model is imposed, based on respect for the will and preferences of the person concerned.
Assistance for people with disabilities and illness as the main figure
Assistance is the central figure for adults who need support in exercising their legal capacity. It can be established voluntarily by the person concerned, or by the judicial authority when there are no sufficient measures previously adopted.
Compatibility with other measures
The appointment of assistance does not exclude other provisions such as preventive powers of attorney or self-guardianship. In fact, it is advisable to establish a comprehensive protection system, combining different figures according to foreseeable needs.
What is the attendance designation?
Advance personal and asset support
The designation of assistance allows any adult to foresee, in anticipation or assessment of a situation requiring support, who they wish to provide that support and under what conditions. This figure is especially designed to guarantee decision-making on equal terms, always respecting the values, beliefs, and preferences of the person granting it.
Applicable regulations in Catalonia
Article 226-3 of the Civil Code of Catalonia, in its wording in force since 2021, regulates this figure in detail. The legal text allows:
- Appointing one or more persons as assistants.
- Establishing rules on the operation of the support regime.
- Determining control and protection measures against abuse.
- Regulating aspects related to the care of the person.
- Setting substitutions among the appointed assistants.
Content of the attendance designation deed
Appointment of one or more persons
The grantor may appoint one or more assistants, and even provide for substitutions in case the first is unable to act. If several people are appointed without specifying the order, the one designated in the most recent document will be preferred or, failing that, the one who appears first.
How does the appointment of an assistant for disability or illness work? Rules of conduct, functions and substitutions
The interested party can clearly determine:
- What functions they want their assistant to perform (asset management, personal assistance, healthcare decisions, etc.).
- How they should act (jointly or separately in case of several appointees).
- What limits the position will have (for example, requiring judicial authorisation for certain acts).
- What rules of substitution or delegation will apply.
A common and recommended clause is one that allows the assistant to act without the need for judicial authorisation in certain acts, in accordance with art. 222-43 of the CCCat.
Safeguards, limits and voluntary controls
The grantor may establish:
- Monitoring measures over the exercise of the role.
- Control bodies or persons (for example, a relative or independent professional).
- Frequency of reviews or evaluations.
- Causes for removal or limitation of functions.
These safeguards aim to prevent abuse, conflicts of interest or undue influences, and reinforce the security of the measure.
Registration of voluntary attendance
Civil Registry and Registry of Support for Legal Capacity
For the appointment of assistance to have full effect against third parties, it must be registered in the Civil Registry. This is established by:
- art. 226-3.4 of the Civil Code of Catalonia.
- art. 77 of Law 20/2011 of the Civil Registry.
Furthermore, in Catalonia, it must also be notified to the Registry of non-testamentary appointments of supports to legal capacity, or its replacement.
It is the authorising Notary who must communicate ex officio and without delay the granting of the deed.
Concurrent state and regional regulations
Although the Catalan regulations are applicable, the state regime complements certain aspects, especially regarding registry coordination and effects against third parties.
What is the difference between preventive power and the appointment of assistance?
Differences and compatibility between both figures
The preventive power allows a person to appoint another to act on their behalf, generally in the financial sphere. The designation of assistance, on the other hand, is aimed at a wider support regime, both personal and economic.
We add a related link to provide more information:
Both figures are fully compatible. It is recommended to integrate them into a single plan, tailored to the needs of the grantor.
Action of the attorney-in-fact in case of need for support
If the grantor needs support and has granted a preventive power of attorney with a survival clause, the attorney-in-fact may act without the need for additional judicial measures, unless there is an express provision to the contrary. This power must comply with the provisions of art. 259 of the Civil Code.
Rules of control, delegation and termination
The grantor may:
- Limit the delegable powers of the assistant.
- Provide for causes for termination (such as the end of cohabitation if the assistant is their partner).
- Establish mechanisms for review or accountability.
The law also allows any legitimised person, including the curator if one exists, to request the judicial termination of the assistance if objective causes are present.
The role of the Notary for appointment of assistance in Catalonia
Essential information for the grantor
The Notary must ensure that the grantor understands:
- The scope of the assistance.
- The legal implications and future effects.
- The safeguards available to protect their rights.
They must also inform that cohabitation with the assistant (if they are their partner or spouse) is a relevant requirement, as the cessation of cohabitation may automatically terminate the appointment unless otherwise provided.
Recommendations for the proper drafting of the assistant designation deed
A good designation writing should:
- Be clear and detailed, without ambiguities.
- Include substitutions, limits and controls.
- Be coordinated with other estate or personal documents.
Ultimately, the key is to adapt the content to the life project and values of the grantor.
Coordination with other family or asset provisions
It is also advisable to review:
- The will.
- The provisions on inheritance or donations.
- The existing powers of attorney.
- Any appointment of de facto guardians.
In this way, a comprehensive and coherent planning of the future is guaranteed.
Frequently asked questions about the appointment of an assistant in Catalonia
No. It must be done by public deed inter vivos, before a Notary, and never by will. The will does allow the designation of supports for other people, but not for oneself.
The appointment remains valid, but does not produce effects against third parties until it is registered. Therefore, registration is essential to guarantee its practical and legal effectiveness.
Yes. It can be revoked or modified at any time, by granting a new deed before a notary. What is modified prevails over the previous in case of contradiction.
Yes, as long as it is legally authorised to do so. The law allows the appointment of both natural and legal persons, public or private, to provide assistance.
If sufficient voluntary measures have not been granted and there is no effective de facto custody, it will be the judicial authority who appoints an assistant, without the possibility for the interested party to determine who it will be or how they will act.
JLA Notaries, Notary for appointment of assistance in Barcelona
The designation of assistance represents a crucial step in building an autonomous, secure life project in accordance with personal will. This figure allows anticipating who should provide us with support in case of future need, and under what conditions, with full legal guarantees.
At JLA Notarios, Notaries in Barcelona, we believe that intelligent prevention is a way to protect what matters most: our values, decisions and dignity. Therefore, we offer you expert support to draft your assistance deed clearly, personalised and fully valid.
Contact us through our contact form, by sending an email to bcn@jlanotarios.com or by writing to us on WhatsApp at the phone number 607 50 01 71.
