12 Apr How could you sell a real estate of a minor or incapacitated?

It is very common the situation in which older people have degenerative diseases, Alzheimer, senile dementia etc. Elderly people who are usually widowed and who are cared for in day centers or run by their own family. These people may be legally incapacitated and their estate, pension, etc. is administered by a court-appointed guardian (who reports to the court) or sometimes by public institutions.

The problem comes when arrives the moment to take a family breathe and have to go to specialized centers that offer a wide range of services for these people in situation of dependence, which costs are high. Usually the greatest inconvenience to access these centers is the lack of liquidity of the incapacitated, therefore the sale of the property owned by the incapacitated, usually empty or unused, can reverse the situation and serve to defray those expenses of residence Or otherwise.

In our legal system, acts of disposition of children’s property (received by inheritance or donations) or persons with disabilities are subject to judicial authorization. With the recent Law of Voluntary Jurisdiction, the process of judicial authorization for the sale of assets of a disabled person has gained in guarantees, thus preventing family members, guardians, property managers of these persons from carrying out acts of disposal of their property that are burdensome or irreversible in Its heritage.

Regarding Aragon’s specific legislation on minors, is very different from other communities like Catalonia or Basque Country.

The first difference is that they should be considered as adults, not only those who turn 18 but also those who are over 14 years of age, married. Consequently these people will no longer be represented by the father or mother because law considers that they have a sufficient maturity when marrying, and should not be under the custody of their parents without any complement or assistance and can perform for themselves, in general, all Class of civil acts.

The second difference is the greater capacity of minors over 14 years, who can also accept inheritance, change the order of their surnames or manage the goods acquired with their work or collaboration in the family.

Therefore, an act that may appear as a mere step to dispose of children and incapacitates ends up becoming a relatively complex process that requires an adequate legal defense, procedural representation by attorney and intervention of the Public Prosecutor to guarantee the legitimate interests of the Minor or incapable.

The purpose of the procedure will be to demonstrate the real needs of the sale of the property, so that the judge authorizes the same, being a guarantee mechanism to prevent someone from taking advantage of the assets of the incapable.

In Navarro Llima Abogados we will advise you in the right direction to obtain the judicial authorization and thus to be able to sell goods minor or incapable holder owns.

Guillermo Martínez

Abogado