In light of rapidly aging populations and increasing cross-border mobility, discussions highlighted the importance of legal mechanisms that allow individuals to make choices enforceable from a cross-border perspective about their future incapacity. The panel was chaired by Prof Dr Christiane Wendehorst (ELI Scientific Director).

During the session, Adrian Ward (Co-Reporter of the project; Founder Chairman, NHS Trusts and a Mental Health Association), emphasised that the initiative aims at creating a framework for self-determination in future incapacity beyond just medical directives. He illustrated how advance choices for future disablement could cover personal matters, like visitors and living arrangements.

Lenka Vysoka (Legal and Policy Officer, European Commission, DG JUST), shared insights on the European Commission’s legislative proposals in 2023 that address adult protection, noting the role of advance choices in the upcoming regulations.

Among other things, Paula Távora Vítor (Professor, University of Coimbra) focused on the right to autonomy and self-determination and praised ELI’s Model Law for aiming to balance diverse legal systems while ensuring that wishes, preferences, and instructions are respected across jurisdictions.

Matthias Neumayr (Professor, University of Linz; Former Vice-President of the Austrian Supreme Court), spoke from a practical perspective, underscoring the challenges of cross-border applicability for advance choices, especially as aging populations move between countries. He stressed that the ELI project could offer guidance for national legislators on harmonising laws.

The ELI remains committed to advancing legal reforms that promote the cross-border protections for vulnerable adults. This project serves as a critical step toward enabling European citizens to plan for their future incapacity with confidence. To learn more about this and other initiatives, please click this link.