STEP attended the Annual Conference on European Family Law held at the Notary College in Barcelona on 3-4 October to discuss recent developments in legislation, jurisprudence and practice on a European and international level.
The main focus was on the protection of vulnerable adults and increase in cross-border issues given that more people have assets or are retiring abroad and are living for longer.
There were some excellent speakers including Philippe Lortie, First Secretary of the Hague Conference on Private International Law, Professor Jan von Hein and Judge Agata Srokowska.
The main panel discussion was about recent European Commission proposals (the EU Adult Protection Regulation) which will oblige Member States to become parties to the 2000 Hague Convention on the Protection of Adults (HCPA). The proposals supplement the Convention’s rules to strengthen adults’ right to self-determination.
Key aspects of the new EU Adult Protection Regulation (Regulation) include the following:
- Making all Member States party to the 2000 HCPA.
- Article 8 of the Regulation will refer to the Hague acquis on choice of law for powers of representation.
- It will not include specific conflict rules on ex lege powers of representation or isolated advance medical directives.
- Most of the new Regulation will be digitalised, unlike the Convention.
- The HCPA certificate will largely be superseded by the new EU certificate.
- Adoption of the Regulation will provide the following solutions to existing obstacles:
- shorter and less costly legal proceedings;
- increased legal certainty and access to justice;
- improved protection of adults’ fundamental rights; and
- effective circulation of measures, powers of representation and other instruments.
Most importantly, registration of the relevant documents will enable access to information abroad where the adult in question is not able to provide the information. We understand that the local authority will check the status of the person crossing the border. This will ensure that authorities can continue protection of the adult abroad and powers of representation that have been set up by the adult will be acknowledged and respected abroad.
A recent survey of STEP’s members1 showed that the lack of cross-border recognition of powers of attorney is causing significant issues. There is a clear demand for better legislation as well as cross-border recognition and portability of powers of attorney. STEP’s Global Representive Power was designed to address these issues. We therefore welcome this legislative reform and will keep members apprised on these significant EU developments.
Emily Deane TEP, Technical Counsel & Head of Government Affairs
The STEP Blog 