Yes
If not:
a) Why does your legal system not provide for lasting powers of attorney (e.g. public policy)?
b) Can the aim of a lasting power of attorney be achieved, even partially, by other legal means?
If yes:
What is covered by the lasting power of attorney (administration of assets, custody rights, etc.)?
Different rights
Who may be appointed as legal representatives?
Anyone that is adult and ha legal capacity to act
Must all representatives be approved, for example by a court?
No
May authorised representatives delegate authority to third parties?
Only if it is mentioned in power of attorney
Under what conditions may lasting powers of attorney replace official guardianship?
It can not replace
Do powers of attorney have any legal effects before the loss of capacity occurs? Do they have effects after death?
No
In what form must the power of attorney be drawn up?
Redaction by a notary
Must/can lasting powers of attorney be recorded in a register?
Yes it is compulsory
If not:
a) Why does your legal system not provide for lasting powers of attorney (e.g. public policy)?
b) Can the aim of a lasting power of attorney be achieved, even partially, by other legal means?
If yes:
What is covered by the lasting power of attorney (administration of assets, custody rights, etc.)?
Different rights
Who may be appointed as legal representatives?
Anyone that is adult and ha legal capacity to act
Must all representatives be approved, for example by a court?
No
May authorised representatives delegate authority to third parties?
Only if it is mentioned in power of attorney
Under what conditions may lasting powers of attorney replace official guardianship?
It can not replace
Do powers of attorney have any legal effects before the loss of capacity occurs? Do they have effects after death?
No
In what form must the power of attorney be drawn up?
Redaction by a notary
Must/can lasting powers of attorney be recorded in a register?
Yes it is compulsory
Yes
If not:
a) Why does your legal system not provide for advance decisions (e.g. public policy)?
b) Can the aim of an advance decision be achieved, even partially, by other legal means?
If yes:
What is covered by the advance decision?
Precisely guardianship
b) Must the advance decision be officially approved, if appropriate?
c) Is the advance decision binding on medical staff and the patient’s representatives?
d) In what form must the advance decision be drawn up?
e) Must/can advance decisions be recorded in a register?
f) Do regulations exist to resolve any conflict between an advance decision and a wish for organs to be donated expressed by the patient in another form (such as an organ donor card)?
No
If not:
a) Why does your legal system not provide for advance decisions (e.g. public policy)?
b) Can the aim of an advance decision be achieved, even partially, by other legal means?
If yes:
What is covered by the advance decision?
Precisely guardianship
b) Must the advance decision be officially approved, if appropriate?
c) Is the advance decision binding on medical staff and the patient’s representatives?
d) In what form must the advance decision be drawn up?
e) Must/can advance decisions be recorded in a register?
f) Do regulations exist to resolve any conflict between an advance decision and a wish for organs to be donated expressed by the patient in another form (such as an organ donor card)?
No
No
If not:
a) Why does your legal system not provide for notarised powers of attorney (e.g. public policy)?
If yes:
a) Is the request for a trusted guardian binding on the court/authority?
b) Does such a request require official approval?
c) Who may be appointed as guardian? May more than one person be named as legal guardian?
d) May more than one person be named responsible for the administration of assets and handling custody rights?
e) In what form must the request be drawn up?
f) Must/can such requests be recorded in a register?
If not:
a) Why does your legal system not provide for notarised powers of attorney (e.g. public policy)?
If yes:
a) Is the request for a trusted guardian binding on the court/authority?
b) Does such a request require official approval?
c) Who may be appointed as guardian? May more than one person be named as legal guardian?
d) May more than one person be named responsible for the administration of assets and handling custody rights?
e) In what form must the request be drawn up?
f) Must/can such requests be recorded in a register?
Court
No
Yes
lasting powers of attorney?
advance decisions to refuse treatment?
requests made with regard to the guardian and/or circumstances of a guardianship?
Yes
Has your Member state signed the Hague Convention of 13 January 2000 on the International Protection of Adults?
No
Under what condition are the following foreign documents recognised in your Member State?
a) lasting powers of attorney
b) advance decisions to refuse treatment
c) notarised powers of attorney – Yes
advance decisions to refuse treatment?
requests made with regard to the guardian and/or circumstances of a guardianship?
Yes
Has your Member state signed the Hague Convention of 13 January 2000 on the International Protection of Adults?
No
Under what condition are the following foreign documents recognised in your Member State?
a) lasting powers of attorney
b) advance decisions to refuse treatment
c) notarised powers of attorney – Yes
Yes
Which law applies to questions of custody and legal representation of a minor? What criteria are used to determine the applicable law?
Which authority has international and territorial jurisdiction concerning questions of custody?
Which authority has international and territorial jurisdiction concerning questions of representation?
Which law applies to questions of custody and legal representation of a minor? What criteria are used to determine the applicable law?
Which authority has international and territorial jurisdiction concerning questions of custody?
Which authority has international and territorial jurisdiction concerning questions of representation?
Yes there are 14 years old , 18 years old
2.1 Is it possible for the legal capacity of a minor to be extended in some cases (e.g. right to get married, right to make last will)?
Yes
2.1.1 Is a decision required to extend the legal capacity? If so, who is competent to decide on the extension of the legal capacity?
Court
2.1.2 List the transactions that the minor may enter into alone (e.g. the right to make a last will) with reference whether approval of some other person or authority is necessary for such transactions.
2.1 Is it possible for the legal capacity of a minor to be extended in some cases (e.g. right to get married, right to make last will)?
Yes
2.1.1 Is a decision required to extend the legal capacity? If so, who is competent to decide on the extension of the legal capacity?
Court
2.1.2 List the transactions that the minor may enter into alone (e.g. the right to make a last will) with reference whether approval of some other person or authority is necessary for such transactions.
Parents
3.1 What is the scope of the right of custody?
3.2 Who will appoint the custodian(s), if either one or both parents/custodians are not able to act anymore (e.g. in case of death or loss of legal capacity)?
Both parents
3.2.1 On who’s proposal and when the decision on appointment of custody is made?
3.2.2 Is the competent authority free in its choice of a new custodian?
Yes
3.2.3 Can the right of custody belong to several persons? Is it possible to have different custodians for different areas (care of property/care of the child itself)?
No
3.3 How and by whom will the right of cutody be determined if the parents are arguing about it? Is there a difference between married and unmarried couples?
Social center . Yes it is
3.4 May the right of custody be transferred to another person by means of a power of attorney?
No
3.4.1 Is the consent of all custodians to the transfer mandatory?
3.4.2 Are there any restrictions to this type of power of attorney (for example the right of custody may not be transferred in its entirety?
Yes
3.4.3 What are the formal requirements for this type of power of attorney?
Act drawn by a notary
3.1 What is the scope of the right of custody?
3.2 Who will appoint the custodian(s), if either one or both parents/custodians are not able to act anymore (e.g. in case of death or loss of legal capacity)?
Both parents
3.2.1 On who’s proposal and when the decision on appointment of custody is made?
3.2.2 Is the competent authority free in its choice of a new custodian?
Yes
3.2.3 Can the right of custody belong to several persons? Is it possible to have different custodians for different areas (care of property/care of the child itself)?
No
3.3 How and by whom will the right of cutody be determined if the parents are arguing about it? Is there a difference between married and unmarried couples?
Social center . Yes it is
3.4 May the right of custody be transferred to another person by means of a power of attorney?
No
3.4.1 Is the consent of all custodians to the transfer mandatory?
3.4.2 Are there any restrictions to this type of power of attorney (for example the right of custody may not be transferred in its entirety?
Yes
3.4.3 What are the formal requirements for this type of power of attorney?
Act drawn by a notary
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
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
5.1 Does the law provide some kind of document, that gives evidence of the right of custody and/or representation?
Yes
5.2 Is there any other kind of document, that proves the right of custody and/or representation?
Yes it is
Yes
5.2 Is there any other kind of document, that proves the right of custody and/or representation?
Yes it is
Only parents can give this consaent
6.1 What are the requirements for the formal validity of such a consent/permission/authorisation?
Noterial declaration signed in front of a notary
6.1 What are the requirements for the formal validity of such a consent/permission/authorisation?
Noterial declaration signed in front of a notary