DESK REVIEWS | 04.05.04.03. How is curatorship/power of attorney obtained? Is curatorship/power of attorney awarded on a temporary basis only?

DESK REVIEW | 04.05.04.03. How is curatorship/power of attorney obtained? Is curatorship/power of attorney awarded on a temporary basis only?

It is obtained through Court proceedings. The curators may be spouses, parents, children, in cases where the people mentioned are missing, the judge may choose another person as a curator or the representative of the institutions where the older person lives. The curatorship may be awarded on a temporary basis (Jusbrasil, 2018).

References:

Jusbrasil. (2018). Saiba o que é e como ocorre a Interdição de Idoso. Jusbrasil. https://beatriceekarlalopes.jusbrasil.com.br/artigos/573034226/saiba-o-que-e-e-como-ocorre-a-interdicao-de-idoso

This section to be updated soon.

Provision exists to support decision-making. According to the legal requirements for curatorship listed previously, its award starts with the day of the judgment. No time duration is not mentioned, thus we can assume that it is awarded permanently, unless revoked.

For the curatorship/power of attorney obtained to take place, a resolution dictated by a competent authority is needed. A comprehensive assessment of the physical and mental situation of the older adult has to be performed in order to exclude other ailments or temporary conditions such as delirium, where usually there may be an underlying cause, and that once treated, disappear.