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As the mobility of people in the EU's ageing societies increases, so does the need to protect a particular group – vulnerable adults. Because of an impairment or insufficiency in their personal faculties, these adults are unable to protect their interests and have to rely on support from others. While all EU Member States have established legal provisions and practices addressing these people's needs, they are highly divergent, for example, as regards powers of representation. Besides these national ...

European States which have not already done so are invited to join the Hague Convention of 13 January 2000 on the International Protection of Adults. States in Europe that have already signed, ratified or acceded to the 2000 Protection of Adults Convention are: Cyprus, Czech Republic, Estonia, Finland, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Poland, Switzerland, and the United Kingdom of Great Britain and Ireland. The Convention provides an important complement to the 2006 United ...

Cross-Border Implications of the Legal Protection of Adults

Задълбочен анализ 14-12-2012

Convention XXXV is of significant assistance in relation to cross-border capacity issues. However, it does have some weaknesses. Accordingly, Member States should be encouraged to ratify Convention XXXV. In addition the creation of a form of European Power of Representation would be extremely useful.

This study provides an in-depth and objective comparative analysis of the legal systems of protection of adults lacking legal capacity within selected EU Member States. The first two parts of the study contain for each Member State concerned a detailed description and assessment of the national provisions of private law and of international private law on the protection of adults lacking legal capacity. The final part of the study indicates and evaluates the advantages and the possible content of ...