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”
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