Considerations regarding some situations of vulnerability of the adult Cover Image
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Consideraţii cu privire la unele situaţii de vulnerabilitate a majorului
Considerations regarding some situations of vulnerability of the adult

Author(s): Szilárd Sztranyiczki
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: exercise capacity; advance directive; continuing power of attorney; adult; cognitive abilities; legal solutions; last will dispositions; discernment; representative; human dignity;

Summary/Abstract: It is important that the person prepares ahead of time for the possibility of losing his full exercise capacity in the future. In some countries of the European Union there are effective legal means, i.e. advance directive ‒ AD – and continuing power of attorney ‒ CPA – that can be used to guarantee that the person ‒ in the event of his inability to take care of himself or manage his assets ‒ will be able to benefit from these special forms of protection in the future. We presented AD and CPA as possible legal and medical solutions that could be applied exhaustively in Romania, regardless of the acute appearance of any health problem. The first step in this regard is the creation of the appropriate legal framework and the implementation of possible solutions. I have described some benchmarks of comparative law in correspondence with the Romanian legislation, which could open a new perspective of expanding the legal framework and the implementation of possible solutions to follow.

  • Issue Year: 2023
  • Issue No: 02
  • Page Range: 317-334
  • Page Count: 18
  • Language: Romanian
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