Can anyone advise? We are setting up Powers of Attorney,(POA) just in case. In UK it's relatively simple and is a powerful instrument for others to make decisions on our behalfs under and after certain conditions are met.
I just just looked up the situation in Malta and to me it seems crazy!! Because, even if one has delegated(POA)that person cannot do anything because and here I quote:
One cannot regulate the civil position of the incapacitated person via a power of attorney granted in advance when the person was still of full mental capacity, and this because
the power of attorney implies the attorney acting on behalf and on the instruction of the person granting the power of attorney, whereas when a person loses capacity, there is no longer the ability to determine one's civil acts, and thus, there cannot be the instruction that underlies the operation of a power of attorney.
Also and interestingly: Malta has not ratified the Hague Convention XXXV of January 13th 2000 on the International Protection of Adults. I have also noted that Malta has not signed any Conventions relating to any matters concerning the elderly.
So, just what is there? Is it all a Court process through the Court of Voluntary Jurisdiction for each case and further dependency upon NGO bodies?
I have written to a Maltese Lawyer to ask about this and the new Guardianship Order but does anyone have any views or experience of these matters?
Thanks in anticipation