Who decides whether a person needs a support measure and what criteria are used to determine it?
Support measures are preferably voluntary , so it is important to ensure that the person who needs them can establish them, either through the judicial procedure or, if they reside in Catalonia, through the notarized document of constitution of Assistance.
However, when it is a judge who, through an order, has to decide on the establishment of support measures, he will do so by assessing the evidence presented in the proceedings and will have to consider whether the support measures to be agreed upon, if any, respond to the needs of the person and are proportionate to those needs; whether they respect the autonomy of the person in the exercise of his legal capacity; and whether his will, wishes and preferences are taken into account.