Responsabilità delegata : l'amministratore di sostegno tra mutamento giuridico e flessibilità del diritto

In the context of the legal changes that have affected the Italian society over the last two decades, this article investigates the figure of amministratore di sostegno, introduced by law in 2004, as care responsible for people in condition of fragility. At the macro level, the analysis delves into the evolution and characteristics of such legal change. At the micro-level, it focuses on the case study of the Marche region, in relation to people with disabilities in the case of ab-sence of parents or family members. The data relating to the transformation of the law into liv-ing practice show several critical aspects: in fact, the analysis highlights that the flexibility, characterizing Law n. 6 of 2004, provides wide space for delegating to social services and civil society the responsibility for caring of fragile people. Such result seems to confirm the process of dejuridification of society.

This trend poses the risk of increasing inequalities at local level, within the Italian residual and familistic welfare system, characterized by already severe regional differences. [Publisher's text].