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The idea is simple: to have it recorded, while you are lucid, who you want to manage your life and assets if one day you can no longer decide on your own. The document does not remove the judge’s power, who still has the final say, but it has become a mandatory consultation and the starting point of the decision.
Any Brazilian over 18 years old can now choose at a notary who will take care of their assets and decisions if they lose civil capacity in the future, thanks to self-curatorship. The instrument gained national strength with Provision 206 of the National Council of Justice, published in October 2025, and has been changing the way Brazilians think about estate planning and care for their own future.
The rule came into effect with the publication of the provision on October 7, 2025, according to the CNJ itself. Previously, the person responsible for someone who lost discernment was exclusively determined by a judge. Now, it is possible to register this will in advance in a public deed. However, first, an important clarification: this article is informative and does not replace the guidance of a lawyer or a notary, who should be consulted for concrete cases.
What is self-curatorship
Self-curatorship is the act by which a person in full civil capacity formally indicates who they wish to be their curator, that is, the person responsible for taking care of their assets and decisions, should they lose discernment in the future, due to illness, accident, or another cause.
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The document is drawn up at a notary’s office and has public faith.
The choice can cover decisions about assets, investments, real estate, and also personal care, such as medical treatments.
The person can appoint one or more curators, in order of preference, choosing a family member, a trusted friend, or even an institution.
It is, at its core, a way to ensure that if one day you cannot decide for yourself, your prior will is known and considered.
What changed with the CNJ regulation
The novelty was not exactly creating self-curatorship, but giving it structure and national reach.
CNJ Provision 206/2025 made it mandatory for judges to consult CENSEC, the Notarial Central of Shared Services, before appointing a curator in interdiction processes, to verify if the person has already registered a self-curatorship deed.
This integration between notary offices and the Judiciary is what changed the game.
In practice, CENSEC functions as a national database where these deeds are indexed and available for judicial consultation throughout the country.
In March 2026, a new provision, number 215, improved the system to also locate cases where self-curatorship appears within other deeds, such as wills, preventing the citizen’s will from going unnoticed.
The declared objective is to provide legal security and respect the person’s autonomy.
Attention: self-curatorship does not replace the judge
Self-curatorship does not replace the judicial curatorship process: only the judge can, in fact, institute curatorship and appoint the curator, after validating the person’s incapacity, hearing the Public Prosecutor’s Office, and assessing the suitability of the nominee.
The deed is robust evidence of the anticipated will, but it does not impose an automatic result.
In legal terms, self-curatorship functions as a subsidy, a guideline for the magistrate’s decision, and not as an order.
The judge now has the duty to consult and consider this will, which makes the document a mandatory starting point, but the final word remains with the Judiciary, which must respect the law and the person’s interest.
Understanding this difference avoids the mistaken idea that the deed “solves everything” on its own.
What it is for and who can benefit
The advantages pointed out by planning specialists help to understand why the topic has grown.
Among the main benefits are avoiding family disputes over the management of assets in case of incapacity, ensuring that the management of assets follows criteria defined by the owner, and potentially speeding up a guardianship process that, without prior guidance, can drag on for months.
Although anyone over 18 years old can make the deed, it is especially useful for those who have significant assets, businesses, or investments, such as entrepreneurs, investors, retirees with active applications, and property owners.
In this sense, self-guardianship has become another piece of succession planning, alongside already known instruments such as wills, donations, and prenuptial agreements.
How to make the deed at the notary
The procedure, according to the guidelines of the notary offices, is relatively simple.
The interested party must go to a notary office with an identity document and proof of residence, request the declaratory deed of self-guardianship, and indicate the desired guardian, with the possibility of listing substitutes in order of preference, as well as expressing specific guidelines on assets and personal care.
The notary confirms that the declaration is free and that the person understands the legal scope of the act before drafting the deed, which is then indexed in CENSEC.
As it is sensitive information, the rule guarantees confidentiality: the full certificate of the deed can only be provided to the declarant or by court order, a precaution to protect the privacy of those who register their wishes.
The costs vary according to the table of each state, and it is wise to consult the notary in advance.
Self-guardianship represents a breakthrough in how Brazilians can plan their own future, giving the person the power to choose, while lucid, who will take care of their assets and decisions if one day they can no longer do so.
More than a patrimonial issue, it is an exercise of autonomy and care for the family, which can avoid conflicts and anguish in delicate moments.
It is worth remembering, however, that it does not remove the role of Justice and that each case deserves the guidance of a professional. Knowing this possibility, however, is already an important step to calmly decide on what really matters.
And you, were you already aware of self-guardianship? Do you think it’s important to be able to choose in advance who would take care of your assets and decisions in case of incapacity, or do you prefer to leave this definition to Justice? Leave your comment, share your opinion on this type of planning, and share the article with that family member or friend who needs to know about this novelty.
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