An illness, cognitive decline or a disability can mean a person needs help managing their assets or making certain decisions. For these cases, Argentina’s Civil and Commercial Code provides for legal capacity proceedings (determinación de la capacidad).
Current law starts from a respectful principle: the person keeps their legal capacity, which is only restricted for specific acts when necessary to protect them. Instead of declaring someone “incapacitated,” the court appoints supports who accompany them, and their wishes are respected as far as possible.
Our team supports families through this process with sensitivity and clarity, always safeguarding the person’s dignity.
When might it be needed?
- A relative with cognitive decline can no longer manage their assets.
- A person with a disability needs support for certain decisions.
- Payments, paperwork or admission to care need to be handled for someone who cannot do it alone.
- A previous court ruling needs to be reviewed.
How we support you
We listen to the family
We talk about your loved one's situation and needs.
Medical documents
We gather the certificates and medical records that support the request.
Filing
We start the proceedings before the appropriate court.
Ongoing support
We accompany you through the interviews and assessments, up to the court's decision.
Useful documents
- The person's ID (DNI).
- Medical certificates and medical records.
- Disability Certificate (CUD), if they have one.
- Certificates proving the family relationship.
Don’t worry if you don’t have everything: we will go through it together at the consultation.
Frequently asked questions
Are people still declared “incapacitated”?
Only in exceptional cases. The rule is to restrict capacity for specific acts and appoint supports, respecting the person's autonomy.
What is a support system?
It is one or more trusted people who help the person make decisions, without overriding their wishes (supported decision-making).
Does the person take part in the proceedings?
Yes. They have the right to be heard and to take part, and the judge must interview them in person.
Related topics
- Nursing home coverage, PAMI and assisted living100% coverage of nursing home care when there is a medical order and a need for permanent care.
- Health amparo actionsMedication, treatment, surgery, disability benefits and continuity of coverage.
- ProbateEstate proceedings, declaration of heirship and partition of the estate.
General information only. It is not a substitute for advice on your specific case.