Abstract

OTAROLA-ESPINOZA, YASNA. The Protection of Capacity through Autonomy Judgement in Chilean and Comparative Law. Rev. Derecho Privado [online]. 2017, n.33, pp.13-49. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n33.02.

The aim of the article is to resolve whether a capable person in the chilean system could designate in advance that another person will take care of their person and property. That is to say, the possibility to appoint a person for the moment in which the person is not in a position to protect herself. Thus, the family is not forced to resort to legal incapacitation proceedings. Finally, the paper tries to determine the suitable legal form for elderly people to express this will.

Keywords : Autonomy judgement; independence; incapacity; elderly people; mandate.

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