Sub potestate refers to being under the control or authority of another individual, typically applicable to children or individuals who lack the capacity to make independent decisions. This stands in contrast to sui juris, which denotes the ability to exercise one’s own judgement and make autonomous choices.
Sub potestate, a Latin term, signifies being under the power of another. It pertains to individuals who lack legal independence, such as children or those who are not sui juris. When referring to a minor child, sub potestate denotes being under the legal authority of their parents or guardians. Similarly, individuals with mental disabilities may also be considered sub potestate, as they may lack the legal capacity to make decisions for themselves. These instances exemplify how sub potestate refers to individuals who lack legal independence and are under the control or authority of another person or entity.
Sub potestate is a Latin term that refers to someone who is under the legal authority or guardianship of another person.
Minors, individuals with disabilities, and those who are deemed legally incompetent may be considered sub potestate.
The rights of someone who is sub potestate may vary depending on the specific circumstances and the legal guardian appointed to them. Generally, they are entitled to be cared for and have their best interests looked after by their guardian.
A sub potestate is typically appointed by a court, often through a legal process such as guardianship or conservatorship proceedings.
In most cases, a sub potestate may not have the legal capacity to make their own decisions, and their guardian or legal representative will make decisions on their behalf.
A guardian has the responsibility to act in the best interests of the sub potestate, provide for their care and well-being, and make decisions on their behalf.
In some cases, a sub potestate or other interested parties may petition the court to have a guardian replaced if there are concerns about the current guardian’s ability to fulfill their duties.
When a sub potestate reaches the age of majority, they may no longer be considered sub potestate and may gain the legal capacity to make their own decisions.
Depending on the circumstances, a sub potestate may have the ability to challenge decisions made by their guardian through legal means, such as petitioning the court.
Laws and regulations are in place to protect the rights and well-being of sub potestate individuals, including oversight by the court and legal requirements for guardians to act in the best interests of the sub potestate.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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