De facto guardians: opening and use of accounts of people with disabilities
15/01/2026
As a general rule, any person over 18 (or 16, if legally emancipated) has full capacity to open and manage an account. However, there are special circumstances in which people with a disability – whether physical, sensory, intellectual or psychosocial – may need support measures.
Law 8/2021, adapting our laws to the UN Convention on the Rights of Persons with Disabilities, entered into force in September 2021. Under its principles, guardianship was introduced as a support measure. A formal appointment by a judge is not required to act as a guardian on behalf of a person with a disability in matters of low economic significance.
A de facto guardian can be any family member or close friend who helps a person with a disability. The guardian may open an account, arrange for their salary, pension or bills to be paid into or out of that account and withdraw small amounts from the account to cover their basic needs (like food).
De facto guardianship can be demonstrated through:
- a document signed by the guardian and the person with a disability;
- testimonies from the person’s family and social circle; and
- statements from social services or public services.
As de facto guardianship usually involves family members, banks must be particularly careful when the guardian is not part of the close circle of the person with a disability and this person cannot express their wishes. Guardianship will be accepted only if there is a demonstrable prior relationship or if it is properly evidenced with a notarised statement.
To avoid potential conflicts, banks should ask the guardian and, where possible, the person with a disability, to sign a statement of compliance, which should include, among other things, the following:
- identification of the people involved;
- degree of kinship or the type of bond between them, including the scope and type of actions the guardian may carry out with the bank;
- levels of access to banking information;
- operational management authorisations (payments, debits, etc.);
- maximum amounts the guardian may withdraw;
- identification of the bank account and a list of linked products (such as debit cards).
If you have a disability or you think you may have one in the future, you should see a notary and designate, through a notarial deed, who you would like to assist you now or in the future to manage your finances and accounts. If you don’t plan for this, a family member or close friend may assist you, unless you object.
