It is estimated that in Italy there are 400 thousand fragile people in need of these figures appointed by the Courts. But sometimes it happens that they transform from “guardian angels” into predators.
It is a widely used figure, due to theaging of the populationfrom the breakup of families and the consequent increase in lonelinessyet the law that regulates this institution seems not to be up to par cases of fraud are multiplying. Born to be a flexible aid, modeled on the specific needs of the beneficiary, thesupport administrator (Ads) represents one of the pillars of Italian civil law for the protection of fragile.
An aid that should not replace
Its purpose is to flank (not to replace as happened with the ban) those who, for infirmity, disability or physical or mental impairmentfind themselves even partially and temporarily unable to look after their own interests. Sort of “guardian angel” which sometimes, however, turns into a predator who takes advantage of the vulnerability of the person entrusted to him. A mechanism before which the law appears helplessas many demonstrate scams.
When the support administrator arrives
But when does the support administrator arrive? In the presence of intra-family conflicts on the decisions to be made in the interest of the weak relative, the guardianship judge appoints an external person who, once he accepts the role, establishes it alliances with the relatives closest to his positions. This figure is invested with well-defined powers ranging from assistance to simple management of pensionuntil exclusive representation in relevant acts, such as the sale of real estate. As Vittorio Sgarbi’s daughter, Evelina, is asking, convinced that her father needs a support administrator.
Stringent duties, weak controls
Preferably chosen from a restricted circle (spouse, cohabitant, children, relatives up to the fourth degree) or, in their absence or in case of conflicts, between external professionalsmust act inexclusive interest of the beneficiarytaking into account, as far as possible, his needs and aspirations, inform him of the actions to be carried out and periodically present a detailed report to the guardianship judge, illustrating the expenses incurred and the financial situation. There toga watches on all the acts and actions of the administrator and represents the first line of defense against abuse. Or at least it should.
From judicial news to well-known names
In fact, despite the rigorous legislation, the news is full of cases of professionals who do so they take possession of the goods of the assisted. Sometimes they even pop up well-known names. The Ads of the actor Paolo Calissano, who died in 2021, was sent to trial on charges of having stolen from him over 500 thousand eurosof having tricked a woman with addiction problems and three other of her clients and of having hidden the appropriations by drafting false summary reports.
Also this year, sifting through the news, the case of a emerges lawyer from Pescaraaccused of embezzlement for having wrongly taken possession of approx 200 thousand eurossubtracting, over the years, money from the accounts of the people he was supposed to protect. Sometimes the sums at stake are huge. An investigation of Yellow flamesfollowing an intervention by the Public Prosecutor’s Office of Brescia, revealed that between 2015 and 2024 the man had appropriated approximately 2 million euros.
Cryptocurrencies, cash and assisted seniors
There is no shortage of situations curiouslike that of a professional who reported to the Padua Financial Police that he had been defrauded in an investment in cryptocurrencies and it turned out that the money used, amounting to 500 thousand euroshad stolen it from 19 elderly people assisted via bank transfers and cash withdrawals.
The Gucci case and the topic of choices
There are also situations sensational like the one reported by Allegra Gucci, daughter of Patrizia Reggiani, convicted as instigator of the assassination of Maurizio Gucci, which once again propose the theme of choice of professionals. His request to take care of his mother was rejected by the judge, while today «the Court recognizes the current support administrator as compensation of 220 thousand euros».
Huge numbers, systemic risks
According to the most recent findings they are over 400 thousand fragile people under guardianship and, even just assuming one marginal percentage of scamswe are always faced with important numbers. This scenario raises questions about the control system and on the need for one greater transparency in asset management.
The lack of controls and the burden on judges
But, as the former president of the Italian Young Lawyers Association states, Carlo Foglienithe personnel of the judicial authorities it’s not enough to carry out the necessary checks. The enormous amount of appeals has resulted in a huge workload for the guardianship judges who often give the Ads awide discretionmaking them de facto difficult to revoke. In many cases the verification is limited to one formal controlincapable of intercepting phenomena “silent subtraction”.
A necessary but complex reform
For this reason the Italian Association of Young Lawyers has proposed a reform that predicts adequate compensationa system proportionate to managed assets and the recognition of the Ads as assistant to the judge. For Foglieni “it is not the fault of the law”, but of lack of staff and the difficulty of a constant monitoring. Will the reform take place? The process will not be simple, because It’s not free. The key to everything remains there chronic lack of resources. A problem that affects the whole judicial system. But that’s another story.
