BBI Chairman Peter Blanck and Distinguished Spanish Law Professor Montserrat Perena Vicente to speak at International Conference in Madrid, Spain, on "The will of the protected person and EMPOWERING PEOPLE WITH DISABILITies"

10-05-2017

RESEARCH SEMINAR: "The will of the protected person"

October 10-11, 2017 | Madrid, Spain

RESEARCH PROJECT "EMPOWERING PEOPLE WITH DISABILITY*"

Targets of the seminar:

  • Analyze to what extent the legislation of each country preserves the will and preferences of the protected person in each of the institutions of protection in different areas
  •  Identify the risks to which the person is subject and the safeguards to prevent abuse 
  • Analyze how to increases the decision scope and in what way it increases the risk of undue influence or abuse and what are the consequences for his or her responsibility 
  • Compare classic systems like guardianship or curatorship and “support decision making” 
  • To highlight the difficulties that exist for free circulation of protected persons 

*Research Project DER2015-64120-R de la Convocatoria 2015 del programa de Proyectos I+D+I Retos (MINECO/FEDER)

PROGRAM

Tuesday, 10 October

09:30 Seminar presentation, Montserrat Pereña

09:40 Presentation of Support Decision Making, Peter D. Blanck

10:00 Classics systems of protection in comparative law (guardianship, curatorship or similar): Germany, Belgium, United States, Spain, France, Italy, Switzerland  

Topics

  • History and evolution of guardianship
  • The USA guardianship or conservatorship systems: comparative analysis with the Spanish, Italian, French, Swiss, German and Belgian system
  • Mechanisms to take into account the will and preferences of the person under guardianship in European and American Systems in different areas: personal matters, medical decision, family decisions (marriage and divorce, exercise of parental authority…)
  • Has the law been reformed to increase self-decision making?
  • Are there safeguards to prevent abuse?
  • Who controls and how the person who gives support or represents another?
  • Does the law expressly impose the obligation to take into account the will and preferences of the protected person?
  • Lacks of European law in taking into account the will of the person
  • Does exist the possibility to make a Representation Agreement to authorize someone to act on his behalf for a broad range of personal and financial decisions? Must the representative consult the will and preferences of the represented?
  • Validity of the acts of the protected person

11:45 Political rights: right to vote

Topics

  • The right to vote

12:15 Coffee break

12:45 International Private Law

  • Prof. Vincent Egea
  • Prof. Pietro Franzina

14:00 Lunch

15:30 Family law questions

Topics

  • Matrimonial consent of person under guardianship. Is necessary judicial authorization? And medical report? And when there is a power?
  • Who can make an action of divorce?

 16:00 Succession law questions

Topics

  • Capacity to make a will
  • Capacity to accept  or refuse an heritage
  • Responsibility of the protected heritor  

16:30 Research activities and agenda

  • Working papers publication
  • International Congress and scientific publication

Wednesday, 11 October

09:30 Exchange of ideas. How practice has busted to take into account will of protected person? Which are the limits? Which are the risk?

10:45 Responsibility

  • Responsibility of the protected person
  • Responsibility of the guardian

11:15 Impugnment of protected person acts

11:45 Medical consent

12:15 Coffee break

12:45 Web accessibility

13:10 Empirical research

  • Survey
  • Topics

 14:15 End of the seminar

PARTICIPATING RESEARCHERS

Project Director

Montserrat Pereña Vicente

Research team - Rey Juan Carlos University

María Teresa Echevarría de Rada

María del Mar Heras Hernández

Santiago Castán Pérez-Gómez

Marita Nuñez Nuñez

Mercedes Alberruche Díaz Flores

Carlos Cuadrado Pérez

Jesús Messía de la Cerda Ballesteros

María Medina Alcoz

Eva María Martín Azcano

Gloria Díaz Pardo

Carmen Cazorla

Invited or foreign team researchers

Nicole Gallus (Universidad Libre de Bruselas, Bélgica)

Peter D. Blanck (Director, Burton Blatt Institute,  Syracuse University)

Sylvie Mosidon-Chataigner (Rennes University, France)

Vincent Egea (Aix-Marseille University, France)

Stéphane Kass-Danno (Judge, France/Germany)

Pietro Franzina (Ferrara University, Italy)

Stefano Rossi (Bérgamo University, Italy)

Walter Boente (Lausanne University, Switzerland)

Foundation professionals

Javier Pallarés Neila, Director, Manantial Foundation

Victoria Monell Renart, Director  Malalts Mentals de Catalunya Foundation

PLACE OF CELEBRATION

Campus Madrid-Vicálvaro

Tuesday, 10 October: room 162, departamental building

Wednesday 11 October: room 168, departamental building