Principles concerning continuing powers of attorney and advance directives for incapacity – Recommendation CM/Rec(2009)11 and explanatory memorandum

Current demographic trends tend towards an increase in the number of elderly people becoming incapable of protecting their own interests due to an impairment or insufficiency of their personal faculties. In addition, the circumstances in which adults become incapacitated are increasingly numerous.

The recommendation covers both continuing powers of attorney and advance directives and focuses on aspects such as content, appointment and role of the attorney, form, entry into force, revocation and termination. In contrast to existing instruments in this field, this recommendation brings something new to the table, as it deals primarily with decisions made privately by the persons concerned. Self-determination, according to this instrument, implies that the granters, to a large extent, are free to make decisions regarding their future life.