PERU Law and Practice Contributed by: Percy Castle, Violeta Moncada, Angel Quispe and Dayana Evangelista, Casahierro Abogados
restricted capacity requires a prior judicial declara - tion. By contrast, following the reform introduced by Legislative Decree No. 1384, people with disabilities who are able to express their will may appoint support by public deed before a notary, with judicial interven - tion being reserved for exceptional cases or where the person is unable to express his or her will. Regarding supervision, the Peruvian legal system provides mechanisms of ongoing oversight over those who administer the interests of the protected person. Guardians and curators are subject to peri - odic accountability and require judicial authorisation for certain acts of disposition over assets. Likewise, under the system of supports and safeguards, the judge may establish periodic review measures and adopt the steps necessary to verify that the supports act in accordance with the will, preferences, and rights of the assisted person, with the purpose of preventing abuse or undue influence. 8.3 Planning for Incapacity Planning for a possible mental disability or future dif - ficulty in making decisions is mainly based on the system of support and safeguards incorporated by Legislative Decree No. 1384, which replaced the tradi - tional model of substituted decision-making with one aimed at guaranteeing the exercise of legal capacity. Thus, any adult may designate in advance, by public deed, the persons who will act as support, specify - ing the circumstances in which such designation will take effect, as well as the applicable scope, duration and control mechanisms. Likewise, older adults with full capacity may provide for a future declaration of interdiction by means of the advance designation of curators. In practice, these mechanisms are used to facilitate patrimonial, contractual, banking, succession, or asset management decisions, without substituting
System within a multi-pillar scheme. Among other measures, the reform contemplates universal affilia - tion from the age of 18, the strengthening of minimum and proportional pensions, the progressive incorpora - tion of notional accounts in the public system, as well as incentives to make voluntary and consumption- based contributions. At the same time, families usually resort to traditional wealth and financial planning mechanisms, such as the acquisition of life and health insurance, the making of voluntary contributions to pension funds, the con - stitution of family property, and succession planning through wills and advancements of forced heirship. 9. Planning for Non-Traditional Families 9.1 Children In Peru, children born within marriage, children born out of wedlock, and adopted children enjoy the same succession rights, provided that filiation has been legally established. In the case of children born out of wedlock, this may occur through voluntary acknowl - edgment or judicial declaration of filiation, after which they are considered descendants of their legal par - ents and inherit on equal terms with the other children. Adopted children acquire the status of children of the adopter and, consequently, are fully integrated into the line of succession of their adoptive parents and are included within any category of beneficiaries or descendants provided by law. With respect to children born through surrogacy, the Peruvian legal system does not contain comprehen - sive regulation that expressly authorises or prohibits such arrangements, nor does it establish a specific filiation regime. Consequently, the determination of filiation is governed by the general rules and by case law, taking into account the biological or genetic link, as well as the best interests of the child. Once fili - ation has been recognised judicially or registrable, the child will have the same succession rights as any other child with respect to his or her legal parents. As for posthumously conceived children, their treat - ment is not expressly regulated, so the determination of their succession rights will depend on the general
the person’s will. 8.4 Elder Law
The main recent initiative in Peru to address the challenges arising from increased life expectancy is the pension system reform introduced by Law No. 32123 and its regulations, which seeks to integrate the National Pension System and the Private Pension
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