The EU Council and Parliament have agreed on new rules to guarantee the rights of adults who need protection in cross-border situations – including rights related to sale of property, medical care or relocation to another country.
The new law will protect the rights of adults who are no longer able to make decisions without some support – for example, those with age-related conditions like Alzheimer’s disease being supported by a family member or other representative.
The regulation broadly aligns EU law in this area with international rules set out under the Hague Protection of Adults Convention. It will safeguard the autonomy of vulnerable adults, including their freedom to make their own choices, when moving within the EU.
Specifically, the new rules determine which court is competent to take protection measures in a cross-border case, which law applies, and the conditions for recognition and enforcement of measures or powers of representation established abroad.
The new regulation clarifies which country’s court has jurisdiction in cross-border cases involving the protection of adults. It builds on the Hague Convention which links jurisdiction to factors such as a person’s habitual residence, nationality or the location of their property.
The regulation will also allow the adult concerned to choose the court that should handle their case, provided there is a clear connection between the person and the chosen court.
To ensure legal certainty across borders, the regulation provides for the automatic recognition of protection measures taken in another member state, with only limited exceptions – for example, if an adult was not given a genuine and effective opportunity to be heard.
The text also guarantees that legal documents, such as notarial acts, will have the same effects in other member states as they do in the country where they were issued.
In the context of the new law, the term “placement of an adult” refers to court decisions addressing where an adult should live, such as determining their place of residence. It also includes situations where an adult unable to express their wishes needs to be admitted to a care facility in another member state than their own.
The regulation stipulates that authorities must consider the interest of the adult and respect their will and preferences when it comes to their placement in another EU member state than their normal place of residence. To give member states flexibility, the agreed text also allows a member state to oppose the placement of an adult on its territory – for example, if it does not agree with the reasons justifying the placement.
Finally, the agreed legislation introduces a new EU-wide certificate of support and representation, which will make it easier for the representatives of adults in need of protection to prove their powers, and their authorisation to support the person in another member state.
Think Tank European Parliament: The protection of vulnerable adults in cross-border situations
