Vulnerable Persons in Albania

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Adults
Minors

Adults

1 - Does your legal system provide for lasting powers of attorney for persons who wish to nominate someone close to them as their guardian in case of loss of legal capacity owing to an accident or illness?

2 - Does your legal system provide for an advance decision on medical treatment for persons who, as a result of an accident or illness, are no longer able to express their wishes with regard to undergoing or refusing medical treatment?

3 - Does your legal system provide for the right to request that a trusted person be named as guardian in case of future incapacity?

4 - Which authority has international, territorial and material jurisdiction to appoint legal guardians?

5 - Is it usual practice to appoint several guardians, to deal with different matters (custody rights, administration of assets, etc.)?

6 - To what formal and material restrictions are legal guardians subject? Specifically, must they be officially approved? Must they have authorization from a court or authority to carry out certain legal acts?

7 - Under the conflict-of-law rules in force, what substantive law is applicable to:

Minors

1 - Is your country party to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children, which was concluded on 19 October 1996? If so, at what date did it enter into force?

2 - Up to what age is a person considered to be a minor? Are there different levels of legal capacity for minors (e.g. limited legal capacity)?

3 - Who has the general right of custody of a minor?

4 - Who has the general right of legal representation of a minor?

4.1 Who will appoint the legal representatives, if either one or all parents/other persons) are not able to act anymore (e.g. in case of death or loss of legal capacity)?
Social centers

4.1.1 On who’s proposal and when the decision on appointment of a legal representative is made?
4.1.2 Is the competent authority free in its choice of a new legal representative
Yes
4.1.3 Can the right of legal representation belong to several persons? Is it possible to have different representatives for different areas?
No

4.2 Are there any restrictions / extensions for the legal representative(s)?
No

4.2.1 Are there some areas in which the legal representative is not competent to act (e.g. drafting of a last will, entering into marriage)?
No
4.2.2 Is there a connection between the right of custody and the representation rights (e.g. power of representation exists only in the areas of custody)? Would it be possible for both parents to have custody but for only one to have the right of representation in transactions with some property of a minor?
Yes

4.2.3 Is it required that all legal representatives conclude transactions on behalf of the minor jointly (e.g. both parents) or may the transaction be concluded by one legal representative of the minor alone (e.g. one parent)?
It can be concluded by both parents

4.2.3.1 Name the legal transactions (e.g. waiver of succession) the legal representative may perform on behalf of the minor if he/she is acting alone (e.g. one parent).
4.2.3.2 Name the legal transactions (e.g. waiver of succession) into which the legal representatives may enter on behalf of the minor only jointly (e.g. both parents).
4.2.3.3 Would there be any difference on the requirement of joint representation in case the parents have never been married?

4.2.4 Other restrictions for legal representatives:

4.2.4.1 Is it necessary that the transaction to be approved also by some other person or authority (e.g. parent, court or local government)? What are the formal requirements on the form of the approval?
No
4.2.4.2 Name the transactions that persons legally representing the minor may enter into only with the consent of a court or some other authority or person appointed by law.
Transaction on real estate
4.2.4.3 In case of a mandatory approval of the transaction by another person (e.g. the other parent) or authority (e.g. court) is there any difference whether the approval is given before or after the transaction? What are the legal consequences for the transaction if the approval required by law is denied?
The act is becoming nul
4.2.4.4 Are there certain cases in which the legal representatives shall not act (e.g. contract on behalf of the minor concluded with parent or family member)?
Yes

4.3 Are there any other restrictions related to the rights of a minor (e.g. the right of succession) for the persons who have the right of custody or the right of legal representation of a minor in addition to the restrictions specified above?
No
4.4 May the right of representation be transferred to another person by means of a power of attorney?
Yes

4.4.1 Is the consent of all legal representatives to the transfer mandatory?
No
4.4.2 Are there any restrictions to this type of power of attorney (e.g. the right of representation may not be transferred in its entirety or is cannot be transferred in regard to certain transactions)?
Yes
4.4.3 What are the formal requirements for this type of power of attorney?
Act drawn by a notary

5 - How can the custodian / representative prove his/her right?

6 - According to the national law, who is responsible for giving consent/permission/authorization for a minor child to travel abroad, in the event both parents are not travelling with the child(e.g. one parent, both parents, the guardian, institution, please specify)?