The Superior Court of Justice (STJ) denied a request from a man seeking to replace guardianship with supported decision-making (SDC) because there was no evidence that his health condition had improved. The request was made by the ward’s son, but the court found there was insufficient evidence to justify the change, upholding the decision of the São Paulo Court of Justice (TJSP).
The man was placed under guardianship in 2016 after suffering a stroke and losing his ability to carry out business and property transactions. Minister Nancy Andrighi emphasized that the guardianship can only be revoked if the person regains capacity or demonstrates significant improvement. She also emphasized that the guardianship cannot be imposed without the interested party’s consent and without assessing whether the designated supporters are suitable for the role.
This case reinforces the need for concrete evidence to change guardianship and the importance of the autonomy of people with disabilities. The Statute of Persons with Disabilities provides mechanisms to ensure that the wishes of those under guardianship are respected, but the Superior Court of Justice (STJ) decision indicates that changing guardianship should be evaluated carefully, always considering the individual’s circumstances and their actual decision-making capacity.
