Hague Convention on the International Protection of Adults of 13 January 2000 – The German Perspective

Christa Jessel-Holst

The paper initially presents an outline of the Hague Adult Protection Convention of 2000 which has so far been ratified by nine states. This is followed by comments on the German regime of legal protection of adults as reformed namely by Betreuungsgesetz of 1990. Changes have in Germany been performed on level of private international law, but especially in the substantive law. Adults may no longer be declared legally incapable by a German court. Instead, a two-tier system has been introduced, consisting of rechtliche Betreuung and Vorsorgevollmacht (legal custodianship and precautionary power of attorney). Finally effects of the convention as seen from the German perspective are demonstrated.