Council agrees position on EU law to protect vulnerable adults

Council agrees position on EU law to protect vulnerable adults

Today, the Council agreed its position on an EU law that will guarantee the rights of adults who need protection or support in cross-border situations such as the sale of property, medical care abroad or relocation to another country.

The new law aims to protect the rights of adults who, for example because of age-related conditions such as Alzheimer's disease, are no longer able to make decisions without support from family members or a guardian. The regulation will ensure that their right to autonomy, including the freedom to make their own choices, is respected when moving within the EU.

When people become vulnerable because of a health condition, the law must offer protection. Today's agreement will ensure that adults and especially older people who rely on others for help can still have their choices recognised wherever they move within the EU.

Costas Fytiris, Minister of Justice and Public order of the Republic of Cyprus

The new rules determine which court or other authority is competent to take protection measures in a cross-border case, which law applies, and how decisions or powers of representation established abroad are recognised and enforced.

Building on a partial general approach reached in June 2025, the Council reached today an agreement on the remaining provisions, including those concerning placement of an adult and the creation of a European certificate of support and representation.

Placement of an adult

To give member states flexibility, the agreed text refers to the procedure under the Hague 2000 Protection of Adults Convention, which allows a member state to oppose the placement of an adult on its territory. The Convention sets out which country's authorities are responsible, and which national law applies when an adult in need of protection is in another country.

In the context of the new EU law, the placement of an adult refers to a court decision about where an adult should live, such as determining their place of residence. It also includes situations where an adult who is unable to express their wishes needs to be admitted to a care facility.

European certificate of support and representation

The Commission proposed creating a European certificate of representation to make it easier for representatives to prove their powers in another member state. The Council clarifies that the certificate could be used not only to prove representation, but also to show that the representative is authorised to support the adult concerned.

The Commission proposal provided that the certificate would automatically produce effects in the member state that issued it. The Council position leaves it to national law to determine whether the certificate has legal effect in that member state.

Designation of an authority abroad

According to the Council position, a competent authority of another member state may be appointed to represent an adult in need of protection if this is allowed under that country's national law. However, this would require the consent of the member state concerned. The compromise avoids creating new obligations on member states whose laws do not provide for a public authority to act as a representative for an adult.

Protection registers

The Commission proposes setting up interconnected registers to provide information on protection measures in another member state. The Council removed this proposal to avoid, at this stage, additional administrative burden. However, the Council included a task for the Commission to reassess the possibility to establish such registers after the legislation has been implemented.

In June 2025, the Council set its position on other aspects on jurisdiction, applicable law, recognition and enforcement of measures and authentic instruments.

The new regulation clarifies which country's courts have jurisdiction in cross-border cases involving the protection of adults. It builds on the 2000 Hague Convention on the Protection of Adults, which links jurisdiction to factors such as a person's habitual residence, nationality or the location of their property. Going further than the convention, the regulation will also allow the adult concerned to choose the court that should handle their case, provided there is a clear connection between the person and the chosen court. As a general rule, courts will apply their own national law, while specific provisions will address situations where a member state has more than one legal system.

To ensure legal certainty across borders, the regulation provides for the automatic recognition of protection measures taken in another member state, with only limited exceptions. The text also guarantees that authentic instruments, such as notarial acts, will have the same legal value in other member states as they do in the country where they were issued.

Next steps

The agreement reached today will serve as the basis for the Council to enter negotiations with the European Parliament in order to agree on a final legal text.

Background

The number of people who need support in taking decisions about personal aspects of their lives is increasing. According to EU figures, the proportion of people over 65 living with some form of disability is projected to rise by 77% by 2050. At the same time, more and more people exercise their right to free movement within the EU and, for example, live in more than one country over the years or own property in several member states.

This situation gives rise to many challenges in cross-border contexts, such as managing property located in another country, undergoing emergency or planned medical treatment abroad, or relocating to another member state. Adults who are no longer able to take such decisions without support from a family member or guardian often face complex and sometimes conflicting private international law rules.

The Hague Protection of Adults Convention is an international agreement adopted on 13 January 2000. It establishes rules on which country's authorities are responsible, and which law applies in cross-border cases involving adults in need of protection. So far, it has been ratified by 13 member states and applies only in those countries.

• Council agrees position on EU law improving legal protection for adults in need of care (press release, 12 June 2025)
• Regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in matters relating to the protection of adults (partial general approach), 12 June 2025

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