Towards better protection of vulnerable adults in cross-border situations

The EU have agreed the broad terms of a new EU law that seeks to align more closely with the 2000 Protection of Adults Hague Convention which was only ratified by 13 EU member states - and three non EU member states (including Scotland). 

The new Regulation seeks to address the complexities faced by vulnerable adults in cross-border situations, including in relation to the sale of property and management of their affairs and care, by creating clearer rules on jurisdiction and applicable law, and ensuring mutual recognition of protection measures across member states.  

It will also introduce a new EU-wide certificate of support and representation. 

With an increasingly mobile yet ageing population, this new proposal is a welcome move as it should create more legal certainty for individuals and families whose needs are spread across more than one EU country. 

Whilst the UK is not an EU member state, and currently operates as a "third country", we watch these changes with excitement, and hope that the UK will consider working closely in cooperation with EU countries on this matter. It will significantly ease the administrative burden for the protection of vulnerable adults with an EU connecting factor, and is a development we will be keeping a close eye on, and hope to bring you further news in future.