Support measures for people with disabilities

03/10/2023

In an effort to make banking services accessible to people with disabilities and pre-empt any concerns stemming from the recent implementation of Law 8/2021 on disability, banking associations and the public prosecution service have formed a working group coordinated by the Banco de España, which participates as observer. The group has agreed on the following:

Disabled people must be allowed to hold and operate bank accounts in their own name and appoint authorised signatories, unless a court has ruled that another person must manage their financial affairs.

In addition, any family member or close friend who is assisting a disabled person will be able to:

• open an account for them;
• arrange for their salary or pension to be paid into that account;
• arrange direct debit payments for goods and services that are clearly in that person’s interest;
• make small monthly withdrawals from their account (agreed at €603, which is the average household expenditure) to cover their basic needs like food and drink.

Wherever possible, the disabled person should sign an authorisation permitting the assisting individual (acting as de facto guardian) to perform these banking operations. Where this is not possible, the guardian must demonstrate a degree of kinship and/or cohabitation with the person and/or prove that they are assisting them. As an added precaution, they must sign a statement of compliance.

If you have a disability or believe, due to your circumstances, that you may have one in the future, it is advisable to designate, through a notarial deed, the person who you would like to assist you now or in the future. This includes not only in your daily care but also safeguarding and managing your banking affairs and general finances. If you do not, any family member or close friend may voluntarily assist you, unless you explicitly object. If you have no guardian and have not previously designated someone to manage your banking affairs, a judge, after hearing the recommendations of the public prosecution service, may ultimately decide what’s in your best interest.