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How to legally help a person with a disability?

Dr. Lavado in “Family and Justice” | Fountain: PTR

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Anai Lavadopublic prosecutor, legal aid public defender Ministry of Justiceargued that disability is not primarily in the individual, but in a society that does not make the necessary adjustments so that a person with some deficiency can lead a normal life.

in sequence Family and justiceThe specialist recalled that to date, the Civil Code has registered a number of changes as a result of Legislative Decree 1384, which includes a social model of approach to a person with disabilities.

It states that before the issuance of this rule, a civil court order was filed, through which a curator was appointed who represented the disabled person in all areas, regardless of his opinion, will or preferences.

However, with the new social model, a requirement is now being made for the full autonomy of the company so that it can exercise its legal capacity with complete freedom.

“Disability now has a new concept because it is no longer synonymous with disability or disability, but rather the opposite. There are two terms that together form the concept of disability, which in this case is a handicap of the person himself, which can be physical, motor, mental or sensory, plus a barrier, which will be one that will prevent the person from enjoying their rights. the lawyer clarified washed out.

He added that there are a number of amendments in the field of law, and one of them is the figure of support and guarantees, replacing the civil law prohibition. He explained that support is any form of assistance that a person with a disability of legal age will need so that another person can help him perform certain actions.

In space Family and JusticePeople’s Defender of Legal Aid Ministry of Justicenoted that a person with a disability can sign contracts, carry out procedures as long as he can express his autonomous will.

She said that there will definitely be people who will not be able to express their will, so in this case she can appoint a notary or judicial road escort so that the judge determines who can help her in carrying out her activities.

He stated that in the case of the visually handicapped, they could freely and fully enjoy their rights. “If, for example, a financial institution does not allow you to open a bank account, you will be doing a harmful act, since you can go with a reliable companion to support you,” he said.

He insisted that in this case, it is the subject that must make adjustments so that this person with a disability can perform their procedures, otherwise they will violate the rights and full capabilities of these subjects.

Finally, a lawyer Anai Lavado reminded that people with disabilities who need to make a request can contact the free legal service Phone Alegra 1884 mark.

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Source: RPP

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