According to the provisions of art. 42, paragraph (4) of Law no. 448/2006 – regarding the protection and promotion of the rights of persons with disabilities, with subsequent amendments and completions, "the parents or, as the case may be, the legal representatives of the child with severe disabilities, the person or family who has taken in a child with severe disabilities, adults with severe disabilities or their legal representatives, except for those with severe visual disabilities, can choose between a personal assistant and receiving a monthly allowance."

According to art. 36, paragraph (1), of Law no. 448/2006 – regarding the protection and promotion of the rights of persons with disabilities republished, with subsequent amendments and completions, the conditions that a person must meet in order to be employed with an individual labor contract as a personal assistant are as follows:

– is at least 18 years old;

– has not been convicted for committing an offense that would make them incompatible with performing the occupation of personal assistant;

– has full exercise capacity;

– has an appropriate state of health, certified by the family doctor or based on a specialist medical examination;

– has graduated at least the compulsory general education courses, except for relatives and in-laws up to and including the fourth degree of the person with severe disabilities, as well as except for the husband or wife, as the case may be; in exceptional situations, at the proposal of the social worker within the local council’s own staff in whose territorial area the person who is to perform the role of personal assistant has their domicile or residence, the National Authority for Persons with Disabilities may approve exemption from the education requirement also in the case of other persons.