In situations where a person over the age of 18 is unable to personally exercise all of their rights, manage their assets, and fulfill their duties, it is important to safeguard their interests while preserving the autonomy that exists in each specific case. For this reason, the regime of "accompanied adulthood" (maior acompanhado) prioritizes a solution tailored to the specifics of the person benefiting from the accompaniment, limiting it to what is necessary, in a way that respects, as much as possible, the will and self-determination of the beneficiary.
As stated in article 140, paragraph 1, of the Civil Code, this accompaniment aims to ensure the well-being, recovery, full exercise of all rights, and the fulfillment of duties of the person receiving the accompaniment, except for legal exceptions or those determined by a court judgment. The accompanying person is chosen by the person being accompanied or their legal representative, and in any case, the appointment is made judicially.
If no such choice is made, the law stipulates, in article 143 of the Civil Code, that the accompaniment should fall to the person who is in the best position to safeguard the beneficiary's interest. Paragraph 2 of this article outlines those who, in principle, would be most qualified for this role, although, in each specific case, it may be determined that someone else is better suited to protect the beneficiary's interests.
The legislator's concern in safeguarding the beneficiary's interest through accompaniment has led to the possibility of appointing multiple companions, each with different functions and specific responsibilities. For instance, it may be possible for one child to be responsible for personal accompaniment, another child for medical accompaniment, and yet another for asset management, or even another relative who has special qualifications for such duties.
It is also possible to appoint substitute companions who will take on responsibilities if the primary companion is unable to perform them, as stated in article 900, paragraph 2, of the Civil Procedure Code.
The combination of the provisions in article 143, paragraph 3, of the Civil Code and the aforementioned article 900, paragraph 2, of the Civil Procedure Code can allow for the interpretation that multiple companions may be appointed to rotate and succeed each other in their roles. This could even be a necessary solution in situations where, for example, there are multiple children who should accompany one of their parents, and none of them can fully assume these responsibilities exclusively and permanently. This solution presents itself as balanced, fair, and equitable, and often emotionally, it is the one that best safeguards the beneficiary of the accompaniment.
Finally, it is important to clarify that, although this does not replace a future accompaniment that may be necessary, any person may grant, in a notarial deed, a power of attorney, conferring on someone of their choice the powers they deem necessary to represent them in a future situation where they cannot or will not be able to act alone. This power of attorney may be considered and used by the court when appointing a companion, both in terms of the powers granted and the person who should exercise them.
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