When an elderly relative starts to have difficulty managing their money, or a child with an intellectual disability comes of age, many families wonder how to help them make decisions without taking away their independence. Since 2021, “incapacitation” no longer exists in Spain: the law starts from the premise that everyone has legal capacity and, where needed, receives support measures to exercise it. In Catalonia, this system is about to change again with Law 13/2026, which comes into force on 4 February 2027.
At MH & MG Abogados we support people with disabilities and their families in Barcelona and Roses (Girona). Here is the current position and what is coming.
The current position
Until February 2027, the main arrangements in Catalonia are:
- Assistance (assistència). The main measure in Catalan law. It can be set up before a notary or by a judge, and the assistant helps the supported person in the areas specified.
- Lasting powers of attorney (poders preventius). While still able to, the person appoints before a notary someone to represent them if they need it in the future.
- De facto guardianship (guarda de fet). Informal help given by a relative without any formal appointment.
- Curatorship (curatela). A court-ordered measure for cases where the others are not enough.
What changes with Law 13/2026
The new law rewrites this part of the Catalan Civil Code and arranges support in four groups:
- Informal support. Everyday help from relatives or people close to the person, replacing de facto guardianship for adults. To deal with banks, courts, registries or notaries it will need to be formalised.
- Preventive support. Mandates and lasting powers of attorney granted by public deed, which can take effect immediately or only when needed.
- Assistance, set up before a notary or by a judge, in three forms: accompaniment (the general rule), cooperation (the assistant must consent to certain acts) and representation, only where the other forms are not enough. Court-ordered assistance requires an assistance plan.
- Safeguards to prevent abuse: an inventory where assets are managed, regular accounts, supervisors and periodic review of all measures. Notarial assistance must be reviewed within the period set when it is created, which cannot exceed three years.
Curatorship for adults disappears as a support measure. Existing measures do not end automatically but will be adapted to the new system under the law’s transitional rules.
What we recommend
- If you want to plan ahead: grant a lasting power of attorney or preventive mandate before a notary now, with clear instructions and safeguards. It is the best way to make sure your wishes are respected if one day you cannot express them.
- If a relative already needs support: first consider notarial assistance, which is quicker and less intrusive. Only if that is not possible, or there is conflict within the family, will you need to go to court.
- If a court measure is already in place: review with a lawyer how it will need to be adapted to Law 13/2026.
We are here to help
At MH & MG Abogados we advise you on the most suitable support measure, prepare the documents with the notary and, where necessary, handle the court proceedings with the utmost care. Find out more on our disability and dependent persons law page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. We will give you a no-obligation quote.