According to the provisions of art. 42, para. (4) of Law no. 448/2006 republished, with subsequent amendments and additions, “the parents or, as the case may be, the legal representatives of the child with severe disability, the person or family who has received a child with severe disability in placement, adults with severe disability or their legal representatives, except for those with severe visual disability, may choose between a personal assistant and receiving a monthly allowance.”

According to art. 36, para. (1), of Law no. 448/2006 republished, with subsequent amendments and additions, the conditions that a person must meet in order to be employed with an individual employment contract in the position of 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 the exercise of the occupation of personal assistant;

-has full capacity to exercise rights;

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

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