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CONSERVATORSHIP FOR THE PURPOSES OF THE COVERAGE OF SOCIAL UNABLE.

Doctrine Opinion October / December 2007 N ° 92

• INDIRECT AFFILIATION. UNABLE UNDER CONSERVATORSHIP

2914-20851/07

Opinion No. 82772-2 LEGAL SECRETARY III

For these proceedings is requested membership in the

indirect terms of Article 19, paragraph j) of Decree No. 881/84 7.

It car attached witness to the sentence for which the Appellate Court of Instance

uo Single-Family Charter, "" B) Designate the Curator curator final

Alienated

Departmental Officer ... C) Appoint special guardian ... Mr ...

the sole purpose of which is benefited from the perception of family allowance

that corresponds to its disabled stepson and its maintenance in

social work (Article 475 and 397 of CC).

On that basis, the Department of Affiliates consulting the Directorate of Legal Affairs

if the request is leading in terms

afiliatoria

invoked, mindful that the position of curator final went to the owner of the

Official Curated and direct affiliate has been designated "special guardian "to get

the benefits of social work and family allowances,

situations not covered by existing legislation.

The Directorate of Legal inferences an analysis of the proceedings, requesting

finally that this rule serves the Advisory Agency on the petition initiated

.

It is worth clarifying that in principle according to

prescribed by Article 475 of the Civil Code, the declared incapable are considered minors

of age, in their person and property. The laws on protection of minors

apply to the guardianship of incompetent.

However, Article 19, paragraph j) of Decree No. 7881/84, the

Regulating Law No. 6982 states: "It will be indirect members, those who only

can join the IOMA scheme through a direct affiliate ...

inc. j) unable under guardianship, lack of resources." Sitting reason and taking into account

assimilation then provided for the last

paragraph of Article 497 cited above, note that on issue "sub -

examine" the doctrine has held that: "Unlike general-protection

that can be given by parents, by law or by the courts, can occur

it necessary to appoint a guardian to the minor for business or special events in

which case, the special representative coexists with the general, but limited specifically

Acts which have been designated (Conf. Ec

rdo A. Zanoni Treaty of Civil Law - Family Law Volume 2,

3rd edition updated and expanded, Editorial Astrea)

Furthermore, note that the special guardian is a direct affiliate,

reason is valid to infer that the trial judge has

considered not only legal, but this circumstance for appointment and consequently

solve the maintenance of social work, tending to

protective nature of the institution, "subject to the legal guardianship of the protection-

, thereby observing the principle of Social Security and the right to

Health under Article 36 paragraph 8) of our Constitution Provincial.

In this way, will be received well, the new concept of "family"

(conf CSJN ruling in the case A. 418.IXLI "AF s /

Protection

person" 13 March 2007 (see Journal of Court No. 126 of

Bar La Plata, pg. 14-15).

adjustment

With the foregoing explanation, the General Counsel Government

understands that correspond make room for alleged membership in the

manner prescribed in Article 19, paragraph j) of Decree No. 7881/84,

Regulating Law No. 6982) Published

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