Summary.
The bill amends Article 396 of the Family Code (Código de la Familia) on the appointment of a guardian by a father or mother. It retains the provision allowing either parent to appoint a guardian by will for a minor son or daughter or for an adult child who has been declared incapacitated. It adds that a father or mother who is an older adult living in duly proven poverty may leave the guardianship of a minor child or an adult child with a disability to a third person whom they designate. The provision retains the bar on appointing as guardian a person who is subject to another person's authority.
For this appointment, Art. 1 provides that a privately retained lawyer is not required because the court will provide the necessary legal representation. Lawyers working in free legal aid clinics established in the country by public or private institutions may also provide that assistance. These rules concern the appointment procedure under Article 396 and accompany the new option available to older parents whose poverty has been duly established.
Art. 2 amends Article 406 of the Family Code. It provides that a declaration of disability must be made through summary proceedings and likewise requires no privately retained lawyer: the court will provide the necessary legal representation. Lawyers at free legal aid clinics run by public and private institutions may also provide legal assistance. Where the declaration concerns a person with a hearing disability, it must determine the scope and limits of guardianship according to that person's degree of disability.
Art. 3 amends Article 407 of the Family Code, written as Código de Familia in that article of the bill, concerning the allocation of guardianship for the persons covered by that provision. It adds a case involving a father or mother who is an older adult living in duly proven poverty: guardianship falls to the person designated by that parent, taking account of the emotional bond and the interest shown in the person with a disability. Art. 4 expressly identifies Articles 396, 406 and 407 of the Family Code of the Republic of Panama (República de Panamá) as the provisions amended. Art. 5 provides that the proposed law would take effect on the day following its promulgation.
The bill concerns the court and the public and private institutions that operate free legal aid clinics. Its provisions would reach older fathers and mothers living in proven poverty, their minor children or adult children with disabilities, the persons designated to act as guardians, and those involved in declarations of disability.
What it proposes.
- Appointment of guardians for minor children and adult children with disabilities.
- Legal assistance for guardian appointments and declarations of disability.
- Summary declarations of disability and limits on guardianship involving hearing disability.
- Guardian designations by older parents living in proven poverty.
Who it would affect.
- Older fathers and mothers living in duly proven poverty.
- Minor children and adult children with disabilities.
- Persons designated to act as guardians.
- The court and free legal aid clinics.
Key points.
- A father or mother may appoint a guardian by will for a minor son or daughter or for an adult child who has been declared incapacitated.Art. 1
- An older father or mother living in proven poverty may leave guardianship of a minor child or an adult child with a disability to a designated third person.Art. 1
- For that appointment, the court provides legal representation, and lawyers at free legal aid clinics run by public or private institutions may also assist.Art. 1
- A person subject to another person's authority may not serve as guardian.Art. 1
- A declaration of disability is made through summary proceedings, with legal representation from the court or assistance from free legal aid clinics, without requiring a privately retained lawyer.Art. 2
- A declaration concerning a person with a hearing disability determines the scope and limits of guardianship according to the degree of disability.Art. 2
- Where an older father or mother lives in proven poverty, guardianship falls to the person designated in light of the emotional bond and demonstrated interest in the person with a disability.Art. 3
- The bill identifies Articles 396, 406 and 407 as amended and sets its effective date as the day following promulgation.Arts. 4-5