A guide to acting as a de facto guardian in banking matters
19/03/2026
In July 2023, the Spanish Prosecutor General’s Office, the banking associations (AEB, CECA and UNACC) and the Banco de España signed an agreementAbre en ventana nueva to safeguard the autonomy of people with disabilities in their use of banking services. As part of this agreement, the participants established a permanent working group to develop new support measures that help people with disabilities overcome practical challenges in their banking activities while also ensuring legal certainty for financial institutions.
As explained in a recent blog post,Abre en ventana nueva Spanish legislation, aligned with the United Nations Convention on the Rights of Persons with Disabilities, allows a trusted person – the de facto guardian – to assist a person with a disability in managing their bank accounts for basic purposes (such as opening accounts, setting up direct debits or making small cash withdrawals) without the need for court authorisation.
To explain this framework in greater detail, the working group has produced a guide and accompanying infographic addressing the following questions:
- What is a de facto guardian?
- Who can act as a de facto guardian?
- What types of de facto guardianship arrangements are there?
- Why must de facto guardianship arrangements be disclosed to and documented with financial institutions?
- How can de facto guardianship be evidenced?
- Is a notarial deed required to evidence de facto guardianship, and why is it important?
- What is a self-declaration and why is it necessary?
- What actions may a de facto guardian carry out on behalf of a person with a disability, and what are the legal limits on their role?
- When and how can a de facto guardianship arrangement be modified?
- When does a de facto guardianship arrangement come to an end?
All the information on the guide and infographic is available on the Banco de España website,Abre en ventana nueva where you can also find links to the two protocols and the interpretative document on de facto guardianship.
