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 a child with severe disabilities into foster care, adults with severe disabilities or their legal representatives, with the exception of those with severe visual impairments, may 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 to be employed with an individual labor contract as a personal assistant are as follows:

– is at least 18 years of age;

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

– has full legal capacity;

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

– has completed at least compulsory general education, except for relatives up to and including the fourth degree and in-laws of the person with severe disabilities, as well as except for the spouse, as the case may be; in exceptional situations, at the proposal of the social worker within the local council's own apparatus in whose territorial area the person who is to fulfill the position of personal assistant has their domicile or residence, the National Authority for Persons with Disabilities may approve the exemption from fulfilling the study requirements also in the case of other persons.