GUARDIANSHIP: AN UNPLANNED TREND

Abstract

In the last decade, the world has seen a marked increase in aging populations. In Brazil, the proportion of individuals over 60 years has nearly doubled between 2000 and 2023, as per IBGE data. This shift results from advancements in physical and mental health, nutrition, and well-being, leading to longer life spans. However, without proper health care and daily attention, older adults may face limitations such as mental or physical incapacity. To ensure a fulfilling and dignified end-of-life stage, having a responsible individual for managing financial and social aspects is essential.

Curatorship, a legal framework, emerged as a response to interdiction, a judicial procedure that assesses an individual's inability to express personal intentions. Curatorship documentation specifies the appointed curator and their responsibilities, aiming to ensure the well-being, comfort, and care of the ward. Curators are tasked with duties like financial reporting, tax filing on behalf of the ward, and managing assets responsibly. Parents, spouses, relatives, the public prosecutor, or the individual concerned may request curatorship. While the number of these proceedings has grown, it remains modest given the magnitude of the elderly population's increase and the lack of information or planning, which complicates both the initiation and the duration of the process.