L'amministrazione di sostegno: principi normativi ed applicazioni giurisprudenziali. Presupposti e contenuti per un migliore bilanciamento tra esigenze di protezione dei soggetti privi di autnomia e tutela della loro libertà

The authors analyze the legal protection measures of incapable people. In particular, the authors highlight the main legislative principles and applications of the rulings of the court. According to the authors, the analyze of the conditions and contents necessary to better balance of the need to protect and safeguard the freedom of non-autonomous individuals. To this purpose, Law N° 6/2004 is relevant because it focuses on the individual and his or her needs, offering a legal instrument which is simple to apply, flexible in its contents, easily adapted to the needs and circumstances in question, and structured in such a way as to avoid permanently affecting the beneficiary’s ability to react. The aim of the legislator is to safeguard the self-determination of the individual in difficulty and ensure that his or her volitional needs are satisfied in conformity with the constitutional principle of respect of inviolable human rights.In fact, the institute of disqualification is a legal protection measures of incapable people very strict for a elderly person wich has a limited capacity to decided his/her own interests and affairs. This new legal protection measures of incapable people is recognized by the magistrature as relevant, also with particular reference to the informed consent.