Legal Definitions - sub potestate

Sub potestate is a Latin phrase meaning "under the power of another." In a legal context, it describes a situation where an individual is subject to the legal authority or control of another person, often because they lack full legal capacity to make decisions or act independently for themselves. This status typically applies to individuals who are not considered sui juris – meaning they do not possess full legal rights and capacity to manage their own affairs.

• Example 1: A Minor Child's Medical Treatment

  A 12-year-old child requires a complex surgical procedure. The doctors must obtain consent from the child's parents or legal guardians before proceeding with the surgery.

  This illustrates sub potestate because the child, being a minor, is legally under the power and authority of their parents. The parents are responsible for making significant decisions on the child's behalf, including medical ones, as the child does not yet possess the legal capacity to provide consent for such procedures themselves.

• Example 2: An Adult Under Guardianship

  An elderly individual suffering from advanced Alzheimer's disease is no longer able to manage their own finances or make sound healthcare decisions. A court appoints their adult daughter as their legal guardian.

  Here, the elderly individual is sub potestate of their daughter, the guardian. The court's decision places the individual under the guardian's legal authority because they have been deemed to lack the mental capacity to manage their own affairs, thereby losing their independent legal capacity.

• Example 3: An Adult with Severe Intellectual Disability

  An adult, 30 years old, has a profound intellectual disability and has never been able to live independently or manage their own legal or financial matters. Their parents continue to make all significant decisions regarding their care, living arrangements, and finances.

  In this scenario, the adult with the intellectual disability remains sub potestate of their parents. Due to their lifelong lack of legal capacity to act independently, they are legally subject to their parents' authority for major life decisions, even as an adult.