According to the provisions of art. 42 para. (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 the family who has received into foster care a child with severe disabilities, adults with severe disabilities or their legal representatives, except for those with severe visual disabilities, may choose between a personal assistant and receiving a monthly allowance."

According to art. 36, para. (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 employment contract as a personal assistant are as follows:

– is at least 18 years old;

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

– has full legal 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, except for relatives and in-laws up to and including the fourth degree of the person with severe disabilities, as well as 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 perform the function of personal assistant has their domicile or residence, the National Authority for Persons with thoroughly Disabilities may approve the waiver of the education requirements in the case of other persons.