Hello, My father is a resident in Spain, he is almost eighty and recently his mental and physical health has deteriated to the point where he can no longer take care of himself. He loves Spain and so refuses to return to the uk where we could take care of him, but he is also refusing to get help in Spain. We are very concerned for his safety and would like to know if there is any legal route we can take to make him either, return to the UK or force to recieve help in Spain?
According to Spanish law there could be two ways to face your father´s situation.
a) The first one is foreseen in the law known as “Ley de Dependencia” (Dependence Law). According to this law, any Spanish citizen or any foreigner being legal resident in Spain for more than 5 years (the last two years must be previous to the application) when he needs some care because he can no longer take care of himself may ask to the Administration for the adequate free of cost social welfare.
The main problem of this issue is that since there is no enough money to answer all the requests the Administration is delaying for a very long time, even years, answers, payments and assistances.
Another problem, could be your father´s attitude refusing any help and probably the lack of powers that you need to act on his behalf.
b) The second possibility, is to ask for an partial incapacitation of your father. This judicial procedure, that also will take some time, should be more effective according to the facts set forth in your query.
Of course we can give you our legal assistance. Please do not hesitate in contacting us if you have any query.
Leave a Reply