Forced guardianship of the elderly

Abstract

The judicial processes in civil matters that are resolved in our judicial system are very important for our society, because it allows obtaining a response for the various cases that are processed through this route, characterizing for their resolution based on legal criteria the Judges, with support in the norms, in the general principles of law, as well as in the maximum experience; Obviously, this is done in order to provide effective jurisdictional protection through due process. However, this purpose has been limited in certain cases, due to the problems that are present in our judicial system, such as excessive procedural burdens, necessary delays by some trial lawyers, problems in notifications, among others. As a result of this, many claims have not been resolved in a timely manner within the respective period of time, turning out to be more detrimental to the judicial cases that process the elderly, considered in a situation of vulnerability due to their same condition, flourishing than the guardianship ordinarily is not adequate, opportune and effective. For this reason, despite the fact that there are different types of guardianships, regulated in our legal system, to mitigate the negative problems that have arisen, we consider that a differentiated guardianship has not yet been incorporated, dedicated to solving the procedural delay of maintenance and rent that they harm the elderly, in poverty and extreme poverty, taking into account the justified differential treatment; For this reason, the purpose of this article is to develop reinforced guardianship, as a new proposal for differentiated guardianship, to save the fundamental rights of said population.