PERU Law and Practice Contributed by: Camilo Maruy, Maite Colmenter, Roberto Polo and Llanet Gaslac, Rebaza, Alcázar & De Las Casas
request must be submitted by the naturalised par - ent before the respective Peruvian governmental authority (RENIEC). • Children of Peruvian citizens (Peruvian mother, Peruvian father or both) born abroad may apply for Peruvian nationality without the need to reside in Peru. The request may either be submitted directly in the Peruvian consulate in the country of birth (if residing abroad) or before the respective Peruvian governmental entity (if residing in Peru). • If a foreigner marries a Peruvian citizen, the foreign spouse may apply to obtain Peruvian nationality upon two years of legal residence in the country. It is necessary that the marriage be registered in the corresponding Peruvian public registries. 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms In Peru, the following special mechanisms are often used to protect the assets of vulnerable people. • Parental authority ( patria potestad ): parental authority is automatically granted to the parents of the minor. In the absence of both parents, or under specific circumstances, a judge may assign parental authority to a third party (eg, a guardian or tutor). (a) In the event that a minor is unable to take care of themselves when they reach the age of majority, it is possible to apply for extended or rehabilitated parental authority. (b) When the child or person with a disability receives an inheritance or compensation, the judge may appoint a legal administrator (who may be the same person who has parental authority or a third party). That person must obtain judicial authorisation for the disposition of the assets. • Local fideicomiso in order to avoid judicial interven - tion, it is possible to implement a trust to safeguard assets for the benefit of minors or individuals with disabilities, establishing clear rules on the adminis - tration and disposition of such assets in favour of the minor or individual with disabilities. It is pos - sible to appoint a person ‒ distinct from the person
who has or potentially has parental authority ‒ to instruct the trustee on the administration of such assets. • Support designation ( designación de apoyo ): it has become increasingly common in recent years to designate a support and safeguard person for elderly individuals once they become disabled. When a person becomes disabled, the support person will have the powers established under the designation document to act on behalf of the disa - bled person. A judicial process is not required if the individual requiring support still has legal capacity. 8.2 Appointment of a Guardian Under Peruvian law it is possible to appoint a tutor, curator or support person for minors, individuals with disabilities or individuals with other conditions. Strictly speaking, in the case of minors, their parents exer - cise parentally authority; however, in their absence, a guardian must be appointed. The appointment of a tutor, curator or support person in Peru requires a judicial proceeding either through an interdiction process or a support and safeguards designation, depending on the type of disability or condition and/or legal capacity of the protected indi - vidual. Ongoing judicial supervision is required, and the disposition of certain assets or equity belonging to the protected individual must have the prior approval of the court. 8.3 Elder Law Certain individuals use foreign trust or local fideico - misos to organise their wealth and ensure their pro - tection and quality of life once they age, addressing certain future needs in the best interests of both the settlor and their spouse. Likewise, it has also become common to appoint a support person to act as a representative in the event of loss of capacity ( designación de apoyo y salvaguar- da ). Notwithstanding the foregoing, Peru has enacted the Law on the Elderly (Law No 30490), which estab - lishes rights and protection measures to guarantee the exercise of the rights of older persons, including preferential access to healthcare, pensions and justice
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