Inma
Lawyer · Murcia City, Spain
- 910 cases handled · 3 in this service
- 11+ years in practice
- Speaks: English, Spanish
- Law
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4.95(59 reviews)
Guardianship for Adults (Incapacity & Dementia) in Spain
Guardianship for adults in Spain provides legal support for a person who can no longer manage their affairs. Registered English-speaking lawyers explain support measures, curatela and advance planning.
About Guardianship for Adults (Incapacity & Dementia) in Spain
Guardianship for adults in Spain provides legal support for a person who can no longer manage their personal or financial affairs because of age, illness, dementia or other incapacity. It is also searched for as adult guardianship, incapacity proceedings, support measures for people with disabilities and, in Spanish, curatela, tutela and poder preventivo. This page is for families, often living abroad, who need to arrange this in Spain. Some older lists and lawyer pages call this service “Enduring Power of Attorney: Guardianship”.
Support instead of replacement
Since the 2021 reform, Spanish law speaks of support measures rather than incapacity, and the wishes and preferences of the person come first. Tutela now concerns minors; the main court-ordered measure for adults is curatela, in which a supporter assists the person and represents them only where necessary. Voluntary measures take priority: a preventive power of attorney (poder preventivo) or a person named in advance, made before a notary while the person still has capacity.
The court route
If no sufficient voluntary measure exists, the support is set by a court. The procedure usually involves an application, the public prosecutor, a hearing of the person concerned and medical and social reports. The judge adapts the measure to the person and it is reviewed over time. A guardianship order or power of attorney made abroad may need recognition, legalisation and translation, see enforcement of foreign judgments. Planning that also covers the estate is described in estate planning.
Questions and answers
What is the difference between guardianship and a power of attorney?
A power of attorney is granted by the person while they still have capacity. Court-ordered support is used when no sufficient voluntary measure exists.
Who can ask for a support measure?
The person concerned, a spouse or partner, close relatives and the public prosecutor. A lawyer can explain who is best placed to apply in a specific case.
Is medical evidence needed?
Courts usually rely on medical and social reports and also hear the person concerned. The measure is tailored to what the person actually needs.
Does a diagnosis of dementia mean it is too late to plan?
Not necessarily. Preventive measures can be arranged while the person understands and can decide. A notary assesses capacity when the document is signed.
Is a lasting power of attorney from my home country valid in Spain?
Not automatically. Acceptance by notaries, banks and authorities can vary, and some families also sign a Spanish document. A lawyer can check the specific document.
22 lawyers who provide Guardianship for Adults (Incapacity & Dementia) in Spain
Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.
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José
Lawyer · Alicante City, Spain
- 786 cases handled · 3 in this service
- 22+ years in practice
- Speaks: English, Spanish
- Law, Alicante University
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4.99(97 reviews)
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Albert
Lawyer · Barcelona, Spain
- 294 cases handled · 3 in this service
- 28+ years in practice
- Speaks: English, Spanish
- Law, University of Barcelona, Glasgow University School of Law
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4.95(4 reviews)
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Alvaro
Lawyer · Fuengirola, Spain
- 1,584 cases handled · 2 in this service
- 14+ years in practice
- Speaks: English
- Law, Jaén
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4.97(146 reviews)
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Federico
Lawyer · Madrid, Spain
- 440 cases handled · 2 in this service
- 25+ years in practice
- Speaks: English, German, French, Spanish
- Law, Complutense University Madrid (San Pablo)
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4.82(14 reviews)
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Raffaele
Lawyer · Barcelona, Spain
- 1,553 cases handled · 1 in this service
- 15+ years in practice
- Speaks: English, Portuguese, Italian, Spanish
- Spanish Law; Italian Law, Universitat Pompeu Fabra - Università degli Studi di Milano
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4.90(38 reviews)
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Inma
Lawyer · Valencia, Spain
- 716 cases handled · 1 in this service
- 18+ years in practice
- Speaks: English, Spanish
- Law, University of Valencia
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4.99(56 reviews)
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María-José
Lawyer · Murcia City, Spain
- 691 cases handled · 1 in this service
- 22+ years in practice
- Speaks: English
- Law, Universidad CEU Cardenal Herrera - Campus Elche
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4.98(53 reviews)
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Angela
Lawyer · Fuengirola, Spain
- 381 cases handled · 1 in this service
- 27+ years in practice
- Speaks: English, Spanish
- Law, Business and Company Administration, Universidad Pontificia de Comillas (ICADE)
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5.00(30 reviews)
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Domingo
Lawyer · Las Palmas de Gran Canaria, Spain
- 372 cases handled · 1 in this service
- 19+ years in practice
- Speaks: English, Spanish
- Law, Salamanca
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4.94(28 reviews)
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Juan
Lawyer · Madrid, Spain
- 164 cases handled · 1 in this service
- 10+ years in practice
- Speaks: English, Spanish
- Degree in Law, Deusto University (Bilbao, Basque Country)
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4.86(7 reviews)
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Francisco
Lawyer · Cadiz, Spain
- 136 cases handled · 1 in this service
- Speaks: English
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4.63(5 reviews)
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Rosa
Lawyer · Mallorca, Spain
- 1,612 cases handled
- 17+ years in practice
- Speaks: English, Spanish
- Law, University of the Balearic Islands
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4.98(162 reviews)
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Francisca
Lawyer · Gandia, Spain
- 469 cases handled
- 21+ years in practice
- Speaks: English, Spanish
- University of Valencia
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4.83(35 reviews)
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Miguel
Lawyer · Oviedo, Spain
- 254 cases handled
- 26+ years in practice
- Speaks: English, Spanish
- Law, University of Oviedo
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4.98(22 reviews)
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Rafael
Lawyer · Seville, Spain
- 204 cases handled
- 31+ years in practice
- Speaks: English, Spanish
- Law, University of Seville
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4.81(27 reviews)
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María
Lawyer · Estepona, Spain
- 184 cases handled
- 8+ years in practice
- Speaks: Spanish, English
- Law, University Granada
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4.60(5 reviews)
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Daniel
Lawyer · Mallorca, Spain
- 137 cases handled
- 11+ years in practice
- Speaks: Spanish, Italian, English, Portuguese, French
- Law, UIB
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5.00(5 reviews)
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Juan Ignacio
Lawyer · Vera, Spain
- 117 cases handled
- 15+ years in practice
- Speaks: English, Spanish
- Law, University of Almeria
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4.93(21 reviews)
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Maria
Lawyer · Girona, Spain
- 60 cases handled
- 23+ years in practice
- Speaks: English, Spanish
- Law, Universidad Pompeu Fabra, Barcelona
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4.38(8 reviews)
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Jesus
Lawyer · Santiago de Compostela, Spain
- 16 cases handled
- 3+ years in practice
- Speaks: English, Spanish, Portuguese, French
- Law Degree, University of Santiago de Compostela
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Ramon
Lawyer · Almeria, Spain
- 13+ years in practice
- Speaks: English, Spanish
- Law, Almeria University
Contact form · a chat with a lawyer
Talk to a lawyer about Guardianship for Adults (Incapacity & Dementia)
22 registered lawyers provide this service in Spain. Describe your situation in a short chat — what happened, where, and how to reach you. Your enquiry is reviewed and passed to a lawyer who handles exactly this kind of case, with no obligation.
We are not just a place to list a profile: we work with every lawyer individually. Each one is registered with a bar association, and their experience, languages and client reviews are shown openly on their card.
Enquiries are answered by lawyers of AdvocateAbroad. This site provides legal information, not legal advice.
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Given how difficult our situation was, he was very attentive, professional and understanding, and he found the best solution for us. We are very satisfied with the outcome.
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— Emma19 Dec 2025 -
On the first call the lawyer patiently took the time to explain the whole process from start to finish, and she was brilliant. Her answers to later queries were also very quick.
— Martin01 Feb 2023 -
I got a very prompt reply to my first email. The lawyer is extremely professional and understanding, and I would recommend him to anyone who needs legal help in Spain.
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She replied promptly and answered all my questions thoroughly. I would recommend her.
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Excellent, skilled and very reliable service. I recommend it without hesitation.
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Helpful, fast to respond and quick to deliver; I could not have wished for a better service, and I would recommend it.
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The lawyer replied extremely quickly to any query and gave us timelines, so we understood the entire procedure and what we had to do, and by when. She was very professional and courteous, and suggested good ways to solve the problems that came up so they were settled in good time. We were very satisfied with how it all went.
— Cleo04 Aug 2022