In spite of the efforts carried out by the legislator, the law is not able to meet the needs of the moral and economical needs of the weaker individual that has to be taken care of. Each case is unique and only the parents can have a good insight into the needs of their son.
Moreover, it is necessary to take into account the reasons why the family does not intend to promote the judgement of debarment or incapacity to avoid damaging the dignity of their relative. On the other hand, there are cases in which, in spite of the severe physical disability requiring continuous appropriate help, the conditions for debarment or incapacity do not exist.
In the trust to protect a disabled person, the parents define the objectives of the trust, the parties involved and their respective roles.
The trust represents an appropriate alternative to the current framework because it allows the trust to assign a property to an individual who is unable to directly handle it, so that the profits deriving from it are used in the exclusive interest of the weak person.