Procedural Safeguards in Adult Guardianship Measures

Procedural Safeguards in Adult Guardianship Measures Adult guardianship measures can provide essential support and protection for individuals with impaired decision-making capacity, while also potentially imposing significant limitations on their autonomy. The European Convention on Human Rights (ECHR) and the UN Convention on the Rights of Persons with Disabilities (CRPD) establish key procedural safeguards to ensure that guardianship measures are necessary, proportional and tailored to individual needs. Despite their importance, limited comparative research has examined the extent to which European legal systems meet the human rights requirements of the CRPD and ECHR for procedural safeguards. Drawing on country reports from legal experts within the Family Law in Europe (FL-EUR) network, this article aims to address this gap by examining the alignment of 28 European jurisdictions with eight core procedural safeguards for initiating guardianship measures. These safeguards include the use of detailed evidence to justify guardianship, the requirement for a personal hearing, the access to legal representation and legal aid, the ability to lodge an appeal, the duration and regular reviews of measures and the respect for an individual’s wishes in selecting a guardian. The findings indicate that certain safeguards, such as the requirement of a personal hearing and the right to appeal, are reflected in the legal frameworks of many jurisdictions, reflecting a broad recognition of their significance. However, other safeguards, such as the provision of legal representation, are not uniformly mandated across Europe. Furthermore, practical barriers, including inadequate accommodations, may undermine the effectiveness of some safeguards in practice. These findings underscore the need for further research into the gap between legal frameworks and their practical application.