Assessment of parenting competency in individuals with severe mental illness and a new kind of legal guardianship in italy: between knowledge and affectivity

Abstract

The contributions of psychological and psychiatric sciences on assessment of parenting competence show that the support of the family, the specialists’ involvement and the precociousness of the intervention supporting the parent-child relationship may balance some limitations that impair a mentally ill parent. In particular it seems that the continuous support of an individual who is able to provide learning opportunities as well as practical advice and assistance in daily tasks and who is in the wings and ready for directly take specific charges, and who is able to support the mentally ill parent-son relationship.

The expert witness, to assess the parental competencies, needs to recognize not only the mental disorder and its impact on the specific parental functions, but also the real resources and tools that can be activated to improve the parental competency. Recent and innovative applications of the Law about Italian legal guardianship (Law n. 40/2004), which introduced the “sustaining guardianship”, offer some perspectives on methodology of investigation about parental competency and, in particular, about the identification and development of measures aimed at protecting the mentally ill parent. The extent of the “sustaining guardianship” may represent a useful resource to protect the different dimensions of the personality of the mentally ill parent and to remove the obstacles that hinder the expression of attachment.