Nowadays, the issue of the legal protection of vulnerable adults significantly affects the lives of an increasing number of people in a position of fragility, their families and all of the professionals working in the field. This increase in the number of protected people can notably be explained by the lengthening of life expectancy and the corresponding emergence of degenerative diseases.
The legal protection of vulnerable adults has been the subject of ongoing attention by the Monegasque legislator.
It is framed by various international and regional instruments on human rights, amongst which are the Universal Declaration of Human Rights, The Hague Convention on the International Protection of Adults and the European Convention on Human Rights.
At a national level, Monegasque law already contains protective measures, such as guardianship, curatorship and legal administration, which can be ordered by a judge if they are deemed necessary and if other less restrictive alternative measures cannot be applied.
Like neighbouring countries, Monaco wishes to strengthen its legislative package in this regard.
On 24 June 2019, the National Council adopted a bill on “sauvegarde de justice”, the lasting power of attorney, and the role of judicial representative. This instrument has three main objectives:
- Introducing “sauvegarde de justice”, a new protection measure for adults, designed as a temporary measure during curatorship and guardianship proceedings.
- Regulating the profession of judicial representative.
- Creating the lasting power of attorney, which shall enable any individual to anticipate his/her future incapacity and to best organise the protection of his/her interests, but also those of his/her children in the event of death.
The lasting power of attorney enables a person to plan and ensure that his/her wishes are taken into account when expressing an opinion or consent becomes difficult or impossible. Adults, once unable to manage their own interests by themselves, will benefit from living conditions that they have chosen and that respect their wishes.
