For people who are not able to provide for their interests due to illness or advanced age, a support administrator can be appointed. This choice is much more ductile and adaptable to the concrete case than that of the interdiction or the unable which, for this reason, are now not very used. The decree appointing the support administrator can, in fact, be calibrated on the actual needs of the individual case so that The will of the Administrate is, as far as possible, respected.
For example, it is possible that it is the same interested in designating the support administrator in anticipation of his possible future inability, through public act or authenticated private writing. In this way, anyone can take care of choosing a welcome and trusted person in case of future necessity. In recent times the Court of Cassation has clarified that the desire expressed by the interested party must prevail over other considerations, for example on the fact that the person indicated does not have good relationships with the other family members. In the event that came to the attention of the Supreme Court, the judges of merit had appointed a third, disregarding the indication of the interested party who wanted his wife as a support administrator. The appointment of the third had been justified due to the conflict between his wife and children. The Supreme Court (with the sentence no. 24732 of 2024), however, accepted the appeal of the administrative on the basis of the consideration that between the latter and his wife there was no conflict and that the judges of merit had taken into account the will and interests of the children rather than that of the parent.
In another case, the heated conflict between the children suggested choosing a third party as one of them as support administrator. The fact that the mother had already conferred a general prosecutor’s office to manage her business was not considered relevant. The Supreme Court (with the sentence no. 13612 of 2024) stressed that the appointment of a stranger did not involve violation of the right to self -determination of the elderly lady, since the serious conflict existing between the male son and the other two daughters and the fact that all the children seemed to pursue their advantage, rather than that of the mother, made it appropriate that to make decisions in the interest of the lady was a person foreign to the family.
box
What does the norm say
According to art. 410 of the Civil Code, the support administrator, in carrying out his duties, must take into account the needs and aspirations of the beneficiary. The support administrator must promptly inform the beneficiary of the documents to be performed. In the event of contrast, of choices or harmful acts or of negligence of the administrator, it is possible to resort to the tutelary judge.
