The banking sector and the State Public Prosecutor’s Office (FGE) have joined efforts to promote recognition of the de facto guardian figure before banking institutions. The purpose is to enable trusted family members and close associates of a person with intellectual or cognitive disabilities who are responsible for their care to manage their financial resources to meet their basic needs, even if they are not joint account holders.
To clarify the de facto guardianship figure in banking operations, the FGE’s Unit for People with Disabilities and the Elderly, the Bank of Spain, and the three associations representing the sector (Spanish Banking Association, National Union of Credit Cooperatives, and the Spanish Confederation of Savings Banks) have agreed on the publication of brochures available on their websites.
These brochures present in a clear and simple manner the basic concepts related to this form of support, detailing the types that exist, the rights and obligations it entails, and how to prove the status of de facto guardian before the bank.
The documents outline the operations that the guardian may perform on behalf of the person with disabilities, such as setting up direct debits for pensions or payroll and bills for basic services such as electricity and water. They are also authorized to withdraw small amounts of cash to cover daily needs and ensure their well-being.
However, entering into loans, making investments, and other operations of economic significance will be prohibited and will continue to require judicial approval.
These brochures represent a further step in the joint work that the Public Prosecutor’s Office and the banking sector have been carrying out since the signing, in 2023, of two collaboration protocols aimed at ensuring the financial inclusion of people with disabilities and adapting banking practice to the disability law reform.
Brochures:
Documentation:
