Finanziamento UE – NextGenerationEU PRIN 2022 "Enhancing the autonomy of vulnerable adults in legal matters" PNRR M4C2 investimento 1.1 Avviso 104/2022

The project stresses the need to ensure and promote autonomy and self-determination of vulnerable adults (adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests) in legal matters, in line with the principles proclaimed by the UN Convention on the Rights of Persons with Disabilities (UNCRPD). This emphasizes both the need to respect of their dignity and recognize legal capacity on an equal basis with others in all aspects of life. Accordingly, the project pursues the aim of modernizing legal tools concerning their legal status, especially vis a vis the rapid aging of society, and identifying innovative legal solutions that enhance the autonomy of vulnerable adults in judicial and extra-judicial proceedings, while at the same time ensuring their protection. In particular, the Italian legal system currently achieves the protection of vulnerable adults essentially through the judicial. appointment of a legal representative charged with acting on behalf of (or assisting) the protected person in the performance of all or some acts, while awarding very limited means of supporting vulnerable adults in the exercise of their capacity and managing patrimonial and non-patrimonial matters for the time when they lose their capacity of choice. Equally in need of urgent review are the rules of private international law that currently determine, in cross-border cases, the jurisdiction of Italian courts to issue measures aimed to support adults in the exercise of their legal capacity, and the law applicable to such support. Italy has signed, but not yet ratified, the Hague Convention of 13 January 2000 on the international protection of adults. Against this background, the project pursues the following objectives: a) exploring new approaches to situations where vulnerable adults need support in the exercise of legal capacity, drafting interpretative guidelines which, de iure condito, could help solve practical questions in conformity with the UNCRPDAs and, de iure condendo, could offer the basis for a boarder legislative reform on the matter, and the form and content that it should have; b) establishing new powers of representation based on consent and, more specifically, designing the desirable model of lasting powers of attorney the future legislator might introduce into the Italian legal system; c) exploring new ex lege powers of representation; d) monitoring the initiatives of the Government delegated to enact the measures introduced by the above mentioned law; e) verifying whether and to what extent the dejudicialization of the means of supporting the exercise of legal capacity strikes a right balance between autonomy and protection of vulnerable adults; f) suggesting the ratification of the Hague Convention and proper legislative measures to implement the Convention in the domestic legal system