MANDATUL DE OCROTIRE. NECESITATE ȘI UTILITATE
THE ENDURING POWER OF ATTORNEY. NECESSITY AND UTILITY

Summary/Abstract: The declaration of the unconstitutionality of Article 164 of the Civil Code led to a broad reform in the field of protection of individuals with intellectual and psychosocial disabilities, finalized by the adoption of Law no. 140/2022. Among the protection measures provided for by the new regulation is the enduring power of attorney, known at European level under various names such as “future protection mandate” or “extrajudicial mandate”. More than two years after the entry into force of the new legal regulation, the enduring power of attorney remains an institution in our society that is not only little known but also little used. The present study, after providing a brief history of the protection measures for people with intellectual and psychosocial disabilities in Romania, follows the evolution of enduring power of attorney in different legal systems, identifying the usefulness of the institution analyzed and through the perspective of the social impact it has had in the states that have previously adopted this regulation. We will note an extensive regulation of the protection mandate both in Europe and in the United States of America, Canada or Australia and a wide application of this institution, especially in some European states.

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