Gina Lollobrigida and more, do the elderly always have the right to decide for themselves?

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Gina Lollobrigida told Sunday In his personal situation. After the case of Francisco Javier Rigau Rafols, accused of having orchestrated a marriage with the actress and then acquitted by the court, he is now fighting with his family. The dispute is over the position of Andrea Piazzolla, the 34-year-old who manages his assets and who lives with his partner and daughter in the house of the 94-year-old actress on the Appia Antica. According to Milko, the son of Lollobrigida, Piazzolla would have deceived his mother.

“Life is mine and I decide what to do with it,” said the diva that the Rome Public Prosecutor deems incapable of making decisions on the management of money, companies and properties independently. “I have the right to live, but also to die in peace,” explained Gina Lollobrigida.

It is a right that the law also provides, but is not always taken into account. “All the discipline of support administrations and protections must take into consideration not only what must be done for the elderly from a health and economic point of view, but also what are the aspirations for the future, even if it seems strange to say it when speaking of an elderly person. The aspirations, the desires are still there: where to stay and what care to receive. The inviolability of the person must be at the center of the choice », explains the lawyer Livia Passalacqua which deals with these issues. To these principles are added legal institutions and rules for the protection of elderly people who are no longer self-sufficient from a cognitive and / or physical point of view.

As often happens in Italy, there is no anticipated management of such issues. “Usually you go to a lawyer when a problem arises, but these ones instead these are issues that should be addressed in advance to heal from the beginning diatribes that if nurtured can harm the elderly, diverting attention from his care. In fact, several actors are often involved in the protection of elderly people who are no longer self-sufficient: social services, tutelary judge, disagreeing heirs ”.

What Gina Lollobrigida affirmed is legitimate, but that is the case with many others. “If I have a fortune and I want to spend it and this doesn’t hurt anyone, but it only goes to the detriment of the heirs, I have the right to do so”. On the other hand, however, “there have been cases of young people who they insinuated themselves into the lives of elderly people with the excuse of keeping them company and then expecting an economic return. It is a question of balancing the interests at stake having regard to the specific case “.

The tool that the law makes available is support management and it is a modular tool. “He is not like a guardian for a person who is forbidden or unable to understand. It allows you to provide general protections, reserving the tutelary judge to decide on acts of extraordinary administration (eg: house management, the sale of properties, the sale of paintings or jewels of particular value). In these cases, an application must be made to the tutelary judge for authorization of the operation. Ordinary administrative expenses, on the other hand, can be pre-authorized and made independently by the beneficiary, or by the support administrator. The point is to balance the person’s right to live and, possibly, “squander” their assets, with the need to safeguard a slice of their assets for future needs ».

The support administrator is activated at the request of the interested party, ex officio by the social services or by a relative or interested third party. The tutelary judge must obligatorily hear the person concerned, as well as evaluate the medical history. There are court-appointed support administrators, others are relatives and friends. In the absence of conflicts it is usually a relative, also chosen according to the preference of the interested party. If, on the other hand, he is a lawyer, there is a register to which you subscribe to give your availability and you are accompanied by a decree establishing which powers can be exercised independently: open a current account, choose a place to live, put your house up for sale. Instead, there are permissions to be requested from time to time.

«The real problem is that you get to the lawyer when something can no longer be managed: whether it is the choice of a hospitalization in RSA, a medical decision, a case of exploitation or circumvention, simply the bank that needs a presence that the person can no longer ensure. In practice, the path of the support administrator is not chosen because there is a fear of interference by social services and the court in business that are considered to be family “.

Other stories of Vanity Fair that may interest you:

– Biotestamento, Donatella: “A choice that gave me peace of mind”

– The right denied: investigation into abortion in Italy


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