First Meeting of the Special Commission on the Practical Operation of the 2000 Protection of Adults Convention

From 9 to 11 November 2022, the First Meeting of the Special Commission (SC) on the Practical Operation of the 2000 Protection of Adults Convention was held in The Hague. The meeting was attended by over 100 participants, in person and via videoconference, representing Contracting Parties, HCCH Members, and Observers from intergovernmental and international non-governmental organisations, as well as by members of the Permanent Bureau.

The meeting resulted in the adoption of over 70 Conclusions & Recommendations, which provide guidance to (prospective) Contracting Parties on a wide range of issues relating to the implementation and practical operation of this Convention.

Among other things, the SC confirmed that, in general, the Convention is operating smoothly and is fit for purpose. It also stressed the importance of seeing more States join the Convention. The SC also approved, in principle, the draft Practical Handbook, Implementation Checklist, and Country Profile under the 2000 Protection of Adults Convention, subject to their amendment in light of the latest comments by HCCH Members, the discussions that took place at the SC and their outcome, to be submitted for endorsement by the Council on General Affairs and Policy (CGAP).

Delegates also discussed habitual residence, ex lege representation, instructions given and wishes made by an adult in anticipation of a future impairment, issues of recognition and enforcement, Central Authority co-operation, the use of existing recommended Model Forms, direct judicial communications, and possible amendments to the 2000 Protection of Adults Convention.

The Conclusions & Recommendations adopted by the SC are available here. Additional information on the 2000 Protection of Adults Convention can be found here.