PORTUGAL Law and Practice Contributed by: Miguel Durham Agrellos, Paulo da Rocha Pichel, Ricardo Pereira Amaro and Francisco Duque Lima, Durham Agrellos
Portuguese Citizenship As a rule, if an adult:
sible and, therefore, the protective measures applied by the court should be specifically designed for each individual in accordance with that individual’s wishes and disabilities. The powers of the guardian will be specifically estab - lished by the court and limited to what is strictly nec - essary to guarantee the vulnerable adult’s safety and, as far as possible, their autonomy. Some management decisions, such as the sale of property, depend on court approval and the guardian must show account - ability when requested by the court and on the termi - nation of their guardianship. The protective measures applied must be periodically revised. In addition, the law provides an incapacity mandate which allows the individual to anticipate the selection of the person or persons in charge of their assistance in personal and financial matters. Finally, general instruments must be adapted to meet any particular needs of the person with disabilities (eg, power of attorney, insurance instruments, other suc - cession-planning instruments such as appointing a trustee or fideicomisario , or other person responsible for the administration of the vulnerable adult). 8.2 Appointment of a Guardian The guardian must always be appointed by the court. In any case, the court must consider (where possible) the wishes of the minor or vulnerable adult. 8.3 Elder Law From a financial point of view, different alternatives are considered and sometimes combined when individu - als prepare financially for their retirement: • pension funds; • insurance policies; or • constitution of surface rights or usufruct. In addition, Portuguese law recognises advanced healthcare directives or mandates, in order to ensure that the correct medical actions are taken in case of illness or incapacity.
• legally resides in Portugal for at least five years; • demonstrates minimum knowledge of the Portu - guese language; • has not been convicted of a crime punishable under Portuguese law by three or more years’ imprisonment; and • does not constitute a threat to national security because of their involvement in terrorist activities, then that person may be granted Portuguese citizen - ship. 7.2 Expeditious Citizenship There is an expedited means of obtaining Portu - guese citizenship through the Jewish law of return for Sephardic Jews. Under this mechanism, descendants of Portuguese Sephardic Jews may acquire Portuguese citizen - ship if they can demonstrate that they belong to a Sephardic community of Portuguese origin. Require - ments include: • demonstrating belonging to a Sephardic family of Portuguese origin; • a Portuguese Sephardic name; • familiarity with the Portuguese language; • direct or collateral descent; and • legal residence in Portugal for at least three years. These requirements must be proved through a certifi - cate issued by a Portuguese Jewish community. Such certificate must then be approved by a commission appointed by the Minister of Justice. 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms The laws protecting vulnerable adults in Portugal were profoundly revised in 2018. The new regime is characterised by the need to respect the individual’s autonomy as much as pos -
484 CHAMBERS.COM
Powered by FlippingBook