Along our lives it is common to avoid thinking on negative events that could happen in the future, and as a consequence we do not take certain measures to face such situations in a better way, especially, generating less problems and difficulties for us, our families and loved ones.
That is why being in the month of September, which is officially and nationwide appointed as the “Month of the will”(Mes del Testamento), which is adopted by the Notaries Public in Baja California Sur, hereby we would like to share with our clients and friends this information to take advantage of the benefits offered by the Notaries Public, considering important to provide information related to a legal figure that was incorporated in our Civil Code in Baja California Sur on March 31, 2008., which is not well known, and it is named “Self-appointed Guardianship” (Tutela Autodesignada) and in other legal systems it is also known as voluntary, precautionary, or self-help guardianship.
The Self-appointed Guardianship allows a person in full use of his/her mental faculties to appoint a guardian or guardians to take care of him/her and his/her goods in case that the grantor becomes disabled, as a consequence of an illness, an accident or any other cause, granting even the necessary powers for its exercise. This appointment can be formalized through a public deed granted before Notary Public or, in another case, before a competent Judge. In such appointment all the rules to which the guardian must be subject will be stated and such appointment can be revocable at any time.
Through this legal figure, a person that becomes disabled can avoid having to carry out an interdiction trial in order to obtain the disability decree, and will be until then, when the guardian or guardians are legally designated to take the decisions on behalf of the grantor in connection with the grantor himself and/or his/her goods. With the implementation of this legal figure, the guardian or guardians will exercise their role as guardian through the accreditation of his/her designation with the public deed and shall submit two certificates proving that the grantor is disabled.
This legal figure is suitable to today´s needs, where is common that a legal age person wants to anticipate future problems regarding himself/herself and his/her goods in the event he/she becomes disabled, appointing a person of his/her trust at his/her sole will, and without necessary having to be a relative such guardian.