Vulnerable persons

The aging of the population constitutes a global issue. Old age is often connected with diseases and in many cases, in the autumn of their lives, people become immobile, unable of independent life or decision making.

Most EU-countries introduced the term „vulnerable persons“, comprising mainly minors, physically handicapped, pregnant women, elderly people, unmarried parents with minors and persons exposed to torture, rape or other severe forms mental, physical and sexual abuse.

Elderly people, parents of handicapped children or otherwise handicapped people should be give careful thoughts to the future and consult the notary in respect of concluding a preventive power of attorney. This is a legal act used in developed democracies for securing oneself for the case of a future legal incapacity.

Unfortunately, the Slovak legal system does not regulate such institution. The Chamber of Notaries of Slovak Republic strives to introduce the institution of a preventive power of attorney in favour of the citizens, since in this way, you can appoint your guardian, decide - who and how should dispose of their money, who should take care of your medical issues, decided which medical exams and interventions you should undergo and who should become the guardian of your children.

You can rely on the advice of your notary, since he/she knows that in such cases, the most important are individual solutions and because he is experienced with situations of life you or your family will have to cope with. In Slovakia, we have only a kind of "legislative intention" of the Civil Code, where the chapter on representation considers the option that a natural person would appoint his/her guardian for the case of a future legal incapacity. The notary knows what to focus on, when drawing up a preventive power of attorney. Some countries have a "central register of preventive powers of attorney", keeping all preventive powers of attorney drawn up by notaries. If the state changes the current legislation in this regard, the Chamber of Notaries of Slovak Republic is fully prepared and ready for the introduction of such register within its Central Information System.

 

Take you own decision before someone else will do it for you

If you do not choose your guardian (in the preventive power of attorney) on your own, so the court will do so in the case of your legal. In this way you loose any chance of making decisions about yourself. Through the preventive power of attorney you can determine your future yourself!