Summary.
The bill proposes to add a set of provisions on interdicción proceedings to the Third Section of Chapter III of Title II of the Family Code (Código de la Familia). A spouse, relatives of the person alleged to lack legal capacity who would be entitled to inherit on intestacy, and, in the specified circumstances, the Public Prosecutor’s Office (Ministerio Público) or any person could bring such a case. The Public Prosecutor’s Office would be required to do so where a person with a psychosocial or mental disability is dangerous, or where a person without a spouse or relatives owns property that could be impaired for lack of adequate management. The person concerned would be the respondent, represented by a guardian ad litem appointed by the judge. The Public Prosecutor’s Office would be heard even if it had not filed the claim.
Where the claim is based on mental alienation, the judge would personally question the respondent, subject to the stated exception for a person in a hospital or psychiatric ward whose situation is certified. At the start of proceedings, a notice would invite anyone who believes they have a right to intervene to join the case. Those who join would enter at its current stage, without suspending or restarting it. To declare the interdicción of a person with total hearing loss who does not speak, the bill requires full proof that the person cannot read or write and a personal examination by the judge, who could be accompanied by medical professionals.
In cases concerning a psychosocial or mental disability, the judge could order observation in a psychiatric institution, following a professional opinion, if such an institution operates where the proceedings take place. If admission were impossible or unnecessary, the judge would arrange examinations by medical professionals on three separate days. Their opinions would be the principal evidence, and the judge would also seek testimony from two or more witnesses about the person’s history and condition. Medical reports would address the person’s current state, the condition’s effects on social conduct and management of property, and appropriate treatment. The bill also provides for reports from the director of a psychiatric institution, including a report that could suffice in the stated case of confinement for a period of no less than six months in an official institution.
A provisional interdicción could be ordered through an incidental proceeding supported by opinions from two medical professionals. A judgment declaring interdicción would appoint or confirm a guardian. Final judgments would undergo mandatory review, while orders concerning interim measures could be appealed with the effects specified in the bill. Restoration of legal capacity would proceed by incidental application, which the person subject to the order could bring. Art. 2 restates the addition to the Family Code, and Art. 3 provides for commencement on the day following promulgation. The subject matter relates to the Public Prosecutor’s Office and the administration of justice and could concern persons involved in interdicción proceedings, their families, guardians, and psychiatric institutions.
What it proposes.
- Judicial interdicción proceedings.
- Standing to bring a case and representation of the respondent.
- Evidence, provisional measures, guardianship, and restoration of legal capacity.
Who it would affect.
- Persons for whom an interdicción order is sought.
- Spouses, relatives, and others entitled to bring proceedings.
- Guardians and medical professionals involved in the procedure.
- The Public Prosecutor’s Office and competent judges.
Key points.
- The bill identifies who could seek an interdicción order and when the Public Prosecutor’s Office would be required to do so.Art. 1
- The respondent would be represented by a guardian ad litem, and the Public Prosecutor’s Office would be heard in the proceedings.Art. 1
- The judge would conduct the required personal questioning in claims based on mental alienation and issue a notice inviting eligible persons to intervene.Art. 1
- An interdicción order concerning a person with total hearing loss who does not speak would require full proof that the person cannot read or write and a personal examination by the judge.Art. 1
- For psychosocial or mental disabilities, the bill governs psychiatric observation, medical examinations, reports, and witness testimony.Art. 1
- A provisional interdicción would require an incidental proceeding and opinions from two medical professionals; the judgment would appoint or confirm a guardian.Art. 1
- The bill provides for mandatory review of final judgments, appeals of orders on interim measures, and an incidental procedure for restoration of legal capacity.Art. 1
- The text restates the addition to the Family Code and provides that the proposed law would take effect on the day following promulgation.Arts. 2-3