De facto care
De facto care may be defined as the recognition in law of a de facto situation in which a person is carrying out the functions of a guardian, such as giving personal care and managing assets for a person who can not care for themselves (a minor or an allegedly incapable person), without any resolution or judicial appointment having been made.
Regulation on de facto carers is scarce in the Spanish Civil Code; it is a position about which only the following is determined: when the judicial authority should become aware of the existence of a de facto carer, it may request him to inform on the situation of the person and property of the minor or the allegedly incapable person and his actions in connection therewith, and may also set any control and supervision measures deemed suitable. Acts performed by the de facto carer in the interest of the minor or allegedly incapable person may not be challenged if they are to his benefit.
The Catalan Family Code also establishes that institutions that have under their care a minor or a person susceptible to be declared incapable are obliged to promote the constitution of guardianship.
Articles 303, 304 and 306 of the Spanish Civil Code regulate de facto care. De facto carers are addressed in the Catalan Family Code, articles 253 to 258 inclusive.
