Family & Law

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September, 2023 Expand all abstracts

Access_open The digital acceptance of the Dutch levenstestament

Authors Nora Bouzoraa and Prof. mr. dr. Leon Verstappen
AbstractAuthor's information

    Notaries in the Netherlands pass many private mandates (levenstestament) for the elderly, encompassing a wide range of provisions in two main categories: a continuing power of attorney and advance directives. Thus, private mandates cover many areas of life and address a variety of people and institutions. This legal instrument is a better alternative to statutory measures such as plenary guardianship (curatele), protective trust (bewind) and personal guardianship (mentorschap), because it is the elderly person who determines how care is provided in the event that he or she is no longer able to take care of themselves. It is an instrument with which empowerment and supported decision-making can be put into practice in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). In recent years, this instrument has undergone a development in the Netherlands. This development is driven by practical experience. In the article, some problems with the use of private mandates in practice are inventoried, focusing on the digital acceptance of this instrument by institutions (banks, medicare, health insurance, pension funds, etc.).

Nora Bouzoraa
Nora Bouzoraa is student Private Law and Notary Law at the University of Groningen.

Prof. mr. dr. Leon Verstappen
Leon Verstappen is an professor in private and notarial law (family law and property law in particular).

Access_open The reforms of Spanish law on legal capacity and supported decision-making for persons with disabilities

Keywords Legal capacity, Supported decision-making, Persons with disabilities, Law reform, Support and protection measures
Authors Prof. dr. Jordi Ribot Igualada
AbstractAuthor's information

    This article provides an updated account of the reforms introduced in Spanish adult protection laws to comply with Article 12 CRPD. It examines the new legal framework for supporting and protecting adults with disabilities resulting from the entry into force of Act 8/2021 of 2 June. In addition to commenting on the most relevant statutory rules, it furnishes information about case law developments and the impact of reforms on the legal situation of persons with intellectual or psychosocial disabilities or mental health disorders.

Prof. dr. Jordi Ribot Igualada
Jordi Ribot Igualada is a professor of civil law and currently heads the Institute of European Private and Comparative Law at the University of Girona.