The Colombian legal framework contemplates the autonomy and well -being of people with disabilitiesand one of the most important tools for this purpose is the possibility of designating a support person who accompanies them in decision making, without implying the loss of their legal capacity. How does it work?
The Ministry of Justice and the Law of Colombia He emphasizes that, if the support person stops fulfilling their function or new circumstances arise, the beneficiary or their environment can modify it without legal obstacles, in defense of their rights. Covered by the Constitution, the State acts as guarantor and, through notaries, courts and conciliation centers, ensures agile, accessible processes and in most free cases.
Thus, situations of abandonment, inability to exercise the role or changes in the living conditions of the person with disabilities do not become obstacles to their dignity and well -being, guaranteeing a legal support that prevents this support figure from becoming an additional load or limitation.
Modifying the designation of a support person is a guaranteed right for people with disabilities and can be requested at any time. The petition can directly make the head of the legal act, the designated support person or even a third with legitimate interest, provided there are clear reasons for the change.
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Disability
Source: Canva
First of all, the same authority must be used that formalized the initial agreement —It is a conciliation center, a notary or a family court – and submit the application with the corresponding arguments.
The procedure is simple: The competent authority communicates with the parties involved to verify the situation. If there is a common agreement or if the decision comes directly from the person with disabilities, a new document is signed that formalizes the modification.
In cases where it is a judicial adjudication of support, the judge will notify the designated persons and the head of the act, who will have a period of ten days to pronounce. If there is no opposition, the agreement is modified according to what is requested.
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Does the process require lawyers?
The process does not require the presence of a lawyer and is governed by the principles of speed, well -being and accessibilitywhich implies that judges, notaries and other competent authorities cannot impose additional requirements or delay the deadlines in an unjustified way.
This guarantee is essential for people with disabilities to exercise their rights without facing administrative, economic or time barriers, receiving the necessary accompaniment and protection at each stage of their life. In addition, the regulations establish that every action must be developed in an environment of respect and dignified treatment, prioritizing the will and preferences of the beneficiary.
In the event that a judge rejects the application, the law contemplates clear defense mechanisms, such as replacement and appeal resources, which allow an objective and transparent review of the decision. These resources ensure that the affected person has a second instance to correct possible errors, reinforcing the principle of equality before the law and the right to an effective judicial protection.
