Legal procedure for modification of capacity (incapacitations)

When going to court in order to incapacitate a loved one is necessary

Despite the fact that incapacitations are not expressly regulated in Inheritance Law, the increased life expectancy  and degenerative cognitive diseases such as Alzheimer’s, dementias, etc., and the fact that they could not be planned or prevented, makes it necessary in certain cases to institute a legal procedure for the modification of capacity, known as incapacitations.

There are two main lines of this type of procedure: 

  • The recognition of the loss of capacity
  • The appointment of a guardian

In Gabarró Advocats -Herències- we provide advice and defend you in the judicial procedure of modification of  capacity, either as the defendant or as the person wishing to be appointed guardian.

More services


It shouldn’t just be a will, it should be a good will.

Obtaining the documents

Documents which are strictly necessary in order to process

No will

When a will has not been drawn up, the Law determines the heirs

“Portio Legitima”

How much is it? How and when must it be paid? Can an heir be cut off?

Managing the inherited estate

Managing the estate correctly is crucial

Preventive notarial documents

In lieu of the judicial procedure for modification of legal capacity

Judicial procedure for modification of legal capacity (incapacitation)

In cases where there is no option but to incapacitate our nearest and dearest