ARGENTINA Law and Practice Contributed by: Juan McEwan and Agustín Lacoste, McEWAN
apply for Argentine nationality are family members of Argentine citizens (such as the spouse, grandchildren or siblings), despite some of them having the right to reside in Argentina. It is not a requirement to give up (renounce) another nationality to acquire Argentine nationality by choice. However, whether the person can retain their original nationality will be a matter for the foreign country in question.
is presumed, and any restriction must be judicially declared, limited to specific acts, and reviewed at least every three years. Where the restriction is par - tial, the court appoints one or more support persons ( apoyos ) to assist – not substitute – the individual. Where incapacity is absolute and the person cannot interact with their environment even with assistance, the court instead appoints a curator to represent them directly; this is reserved for exceptional cases. The process requires interdisciplinary assessment and a personal hearing, and in practice tends to be slow, costly, and is often perceived by families as intrusive. Separately, individuals may execute advance health - care directives (Article 60 CCCN), recording consent to or refusal of future medical treatment and nomi - nating a decision-maker for when they can no longer express their will – the instrument closest to a health - care proxy. Argentina does not recognise a lasting or durable pow - er of attorney: under Article 380 (b) CCCN, a power of attorney terminates automatically upon the principal’s supervening incapacity. In practice, general powers of attorney are nonetheless commonly used beyond that point, since third parties cannot verify incapacity in the absence of a judicial declaration. This reflects observed market practice rather than a recommended course. For smaller or less complex estates the risk is often contained, but where the patrimony is more substantial – particularly where it includes shares or operating interests in companies – such acts are tech - nically voidable and can give rise to real risk of future challenges. This is compounded where those shares qualify as jointly owned ( ganancial ) assets, since Arti - cle 470 CCCN requires spousal consent ( asentimiento conyugal ) for their disposal, a personal act that can - not be rendered by an attorney-in-fact on behalf of an incapacitated principal. In that scenario, judicial intervention becomes effectively unavoidable. 8.4 Elder Law The Medical Anticipated Directives ( Directivas Médicas Anticipadas ) are a relatively new method (regulated in the CCCN) by which a capable person can anticipate directives and grant power of attorney regarding their health and foreseeing their own potential incapac - ity. A person (or more than one) may be appointed to
7.2 Expeditious Citizenship This is not applicable in Argentina.
8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms The Trusts Law does not include any specific provi - sions regarding a special needs trust. However, if the beneficiary is a natural person without legal capacity, the maximum duration period for local trusts – ie, 30 years from the date on which the trust was created – would not apply. In such cases, the trust will last until the beneficiary’s death or until termination of their incapacity. 8.2 Appointment of a Guardian In general terms, minors are represented by the sur - viving parent. If there is no surviving parent, the court designates a legal representative to handle all the assets on the minor’s behalf. Likewise, the disposi - tion of assets usually requires court approval. A minor can inherit and own assets through their legal repre - sentative. 8.3 Planning for Incapacity Argentine law addresses incapacity planning through two distinct, and only partially overlapping, regimes: the personal protection regime under the CCCN, and the asset-planning mechanisms available and com - patible with Argentine law. Since the 2015 reform, Argentina has moved from a substitutive guardianship model to a “supported deci - sion-making” model, following the UN Convention on the Rights of Persons with Disabilities. Full capacity
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