Protection of a disabled person

The Trust in favor of vulnerable individuals is a programmatic act in which parents outline the purposes of the Trust, the parties involved, and their respective roles, aimed at protecting a fragile person.

It represents a valid alternative to the current civil law framework, which is at times lacking regarding vulnerable individuals, by allowing assets to be allocated in favor of a person who is unable to manage them personally, ensuring that the benefits derived from such assets are used exclusively in the interest of the vulnerable person.

The Trust is indeed one of the most effective tools for safeguarding assets allocated to people with disabilities, even after the death of family members (Law No. 112/2016 on “After Us”).
Long-term financial support: establishing a Trust can provide a regular income stream to ensure the vulnerable individual enjoys the best possible standard of living along with the necessary care and assistance over time.
Long-term stability: as it is designed to last over time, the Trust ensures that resources remain available in the future, even after the death of the vulnerable person’s family members.
Flexible assistance: the Trust allows for adjustments based on the changing needs of the person with disabilities, enabling modifications over time.
Protection from potential abuse: the Trust also acts as a safeguard against the risk of abuse or manipulation, as all decisions are made by the Trustee— a competent and impartial party—exclusively in the interest of the vulnerable person, who can never be directly targeted by personal creditors or deceived by third parties.
Efficiency in management: the Trustee can manage the assets without needing to obtain prior authorization from the guardianship judge in cases involving legally protected individuals.

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