Managing money and bank accounts when someone can no longer decide

Terms used

• Curador — The curador is a person a court appoints to support someone with a disability, sometimes with power to act for them.
• Defensor judicial — The defensor judicial is a court-appointed person who acts for someone in specific matters, for example when there is a conflict of interest.
• Guardador de hecho — The guardador de hecho is someone who informally supports a person with a disability, without a court appointment.
• Cuenta indistinta — A cuenta indistinta is a joint account where each holder can operate it alone.
• Cuenta mancomunada — A cuenta mancomunada is a joint account where all holders must sign together.

Key rules

• Family ties: A bank needs proof of legal authority, not just that you are a relative.
• Preventive power of attorney: Only the person themselves can sign one, before a notary and while they still have capacity.
• Joint account: Keep records and take only what the person needs, because the money belongs to holders in proportion to what each paid in.
• Big decisions: Selling the home, large gifts, large loans and similar acts need a judge's approval first.

The short answer

Being family is not enough for a bank. To keep bills paid and accounts accessible, you need legal authority, and that comes only through a notary or a court. Joint-account rights and the limits on what a judge will let you do shape everything else.

The documents banks ask for are listed in the documents section below.

Ways to get legal authority

• Court appointment. A judge names a curador or a defensor judicial with powers to manage money. This is the route banks trust most.
• Preventive power of attorney. If the person still has capacity, they can sign one before a notary. It stays valid if they later lose capacity, and banks accept it readily. If you are reading this in time, this is the simplest fix.
• Informal support. If you already support the person without a court order, you are a guardador de hecho. You can carry on while things work well. Without a formal appointment, though, a bank will usually give you only limited access.

Each bank applies its own procedure and may ask for extra forms. Ask your branch for its list before you go.

What a guardador de hecho can do

You can handle ordinary acts, such as daily needs and benefits. For anything a curador would need court approval for, you need the court's authorisation too. The court may ask for a report. The public prosecutor (Ministerio Fiscal) can ask you for information or ask for formal measures to be put in place.

Joint accounts

If the account is a cuenta indistinta, each holder can operate it alone. One holder losing capacity does not automatically end the other's right to use it.

• The bank may block it. A bank that learns of a court decision or a restriction on the person's capacity may restrict the account until a curador is in place.
• The money is shared by contribution. Holders own the money in proportion to what each paid in. Taking more than your share can lead to claims from the person's representative or from heirs.
• Spend on their needs and keep records. Paying for the person's own needs is generally safe. Keep receipts and statements.
• Cuenta mancomunada. If both signatures are required, one holder cannot operate it alone. It needs the curador's signature.

What needs a judge first

A curador with powers to represent the person needs the judge's prior approval for big decisions. The main money-related ones are:

• selling or mortgaging property, including the family home or the premises of the person's business
• selling valuable objects, securities or a business
• giving up rights or settling claims of significant value
• accepting or renouncing an inheritance without an inventory
• large loans, leases of more than 6 years, or large investments
• gifts, other than customary small ones
• buying property for payment or taking on large obligations

A sale of the home is usually approved only if it is needed or benefits the person. The same limits apply to a guardian and, for specific acts, a defensor judicial.

Managing the person's assets like a prudent administrator is your duty throughout. The FAQ below covers common questions about joint accounts and informal guardians.

Documents you need

• Court resolution naming a curador (curator) or defensor judicial (judicial defender) with powers to manage money, issued by the court.

• If you are an informal guardian (guardador de hecho), a notarial deed or court order covering the act the court has authorised.

• ID of the person who needs support and ID of the representative.

• The court's record that the appointed person accepted the role (acta de aceptación), which banks often ask for.

• A recent certificate from the Registro Civil (civil registry), which banks often ask for.

• A preventive power of attorney signed before a notary by the person while they still had capacity, which banks accept readily.

Frequently asked questions

Can I keep using a joint account if the other holder loses capacity?

Yes, if it is a joint account where each holder can sign alone (cuenta indistinta), your right to operate it does not end automatically, but the bank may block or restrict it once it learns of a court decision. Use the money for the other person's own needs and keep records of every payment. If both signatures are required (cuenta mancomunada), you cannot operate it alone and the curator must sign.

Can I take out more than my share of a joint account?

No, you should not take out more than your share, because the money is split between the holders in proportion to what each paid in. If you take more, the representative of the person who lost capacity, or the heirs, can claim it back. Spending on the person's own needs is generally safe.

What can an informal guardian (guardador de hecho) do without a court order?

A guardador de hecho can handle ordinary acts, such as daily needs and benefits, without a court order if the arrangement works well. Acts of significant value, such as selling property, need court authorisation. The prosecutor's office (Ministerio Fiscal) can ask for information or request formal measures.

Which money decisions need a judge's approval first?

A curator with powers to represent the person needs a judge's approval before selling or mortgaging the home or other property. The same goes for large loans, leases over 6 years, investments, gifts beyond small customary ones, and accepting or renouncing an inheritance without an inventory.