ARTICLES

Self-appointed Guardianship

Discover Self-Appointed Guardianship Services at Our Notary Public Law Firm.

In May 2012, a significant legal development unfolded in the Civil Code for the State of Nayarit—the introduction of the Self-Appointed Guardianship concept. This innovation empowered any legally competent individual of adult age to autonomously designate, with conscientiousness, freedom, information, and spontaneity, a guardian responsible for both their person and assets in the event of their incapacity declaration.

The core aim of self-appointed guardianship is to provide individuals with the means to express and enforce their preferences on crucial aspects of their lives. These encompass matters of guardianship, healthcare decisions, asset management, and even, in cases of terminal illnesses, the ability to decide on the type of care, medical procedures, or treatments for their well-being.

Tutela Autodesignada

As per the Civil Code, the appointment of the designated guardian must occur before a Notary Public, recorded in a Public Deed. This comprehensive document outlines all relevant details, instructions, and guidelines for the guardian’s actions. Its purpose is to ensure a dignified and fulfilling life, avoiding unnecessary suffering or undue prolongation of life, while also preserving the assets of the individual who appointed them. Furthermore, the Public Deed may also include provisions for a substitute guardian to step in should the designated guardian become unable to fulfill their role.

This special month, we invite you to explore the world of self-appointed guardianship and will preparation. Our expert team is ready to offer comprehensive guidance on this invaluable legal framework, providing you with clarity on all the intricate aspects of this legal instrument.