Vulnerable Persons in Albania
1 - Does your legal system provide for lasting powers of attorney for persons who wish to nominate someone close to them as their guardian in case of loss of legal capacity owing to an accident or illness?
a) Why does your legal system not provide for lasting powers of attorney (e.g. public policy)?
b) Can the aim of a lasting power of attorney be achieved, even partially, by other legal means?
- What is covered by the lasting power of attorney (administration of assets, custody rights, etc.)?
- Who may be appointed as legal representatives?
Anyone that is adult and ha legal capacity to act
- Must all representatives be approved, for example by a court?
- May authorised representatives delegate authority to third parties?
Only if it is mentioned in power of attorney
- Under what conditions may lasting powers of attorney replace official guardianship?
It can not replace
- Do powers of attorney have any legal effects before the loss of capacity occurs? Do they have effects after death?
- In what form must the power of attorney be drawn up?
Redaction by a notary
- Must/can lasting powers of attorney be recorded in a register?
Yes it is compulsory
2 - Does your legal system provide for an advance decision on medical treatment for persons who, as a result of an accident or illness, are no longer able to express their wishes with regard to undergoing or refusing medical treatment?
- What is covered by the advance decision?
3 - Does your legal system provide for the right to request that a trusted person be named as guardian in case of future incapacity?
a) Why does your legal system not provide for notarised powers of attorney (e.g. public policy)?
a) Is the request for a trusted guardian binding on the court/authority?
b) Does such a request require official approval?
c) Who may be appointed as guardian? May more than one person be named as legal guardian?
d) May more than one person be named responsible for the administration of assets and handling custody rights?
e) In what form must the request be drawn up?
f) Must/can such requests be recorded in a register?
4 - Which authority has international, territorial and material jurisdiction to appoint legal guardians?
5 - Is it usual practice to appoint several guardians, to deal with different matters (custody rights, administration of assets, etc.)?
6 - To what formal and material restrictions are legal guardians subject? Specifically, must they be officially approved? Must they have authorization from a court or authority to carry out certain legal acts?
7 - Under the conflict-of-law rules in force, what substantive law is applicable to:
- lasting powers of attorney?
- advance decisions to refuse treatment?
- requests made with regard to the guardian and/or circumstances of a guardianship?
Has your Member state signed the Hague Convention of 13 January 2000 on the International Protection of Adults?
Under what condition are the following foreign documents recognised in your Member State?
a) lasting powers of attorney
b) advance decisions to refuse treatment
c) notarised powers of attorney - Yes
1 - Is your country party to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children, which was concluded on 19 October 1996? If so, at what date did it enter into force?
- Which law applies to questions of custody and legal representation of a minor? What criteria are used to determine the applicable law?
- Which authority has international and territorial jurisdiction concerning questions of custody?
- Which authority has international and territorial jurisdiction concerning questions of representation?
2 - Up to what age is a person considered to be a minor? Are there different levels of legal capacity for minors (e.g. limited legal capacity)?
3 - Who has the general right of custody of a minor?
3.1 What is the scope of the right of custody?
3.2 Who will appoint the custodian(s), if either one or both parents/custodians are not able to act anymore (e.g. in case of death or loss of legal capacity)?
3.2.1 On who’s proposal and when the decision on appointment of custody is made?
3.2.2 Is the competent authority free in its choice of a new custodian?
3.2.3 Can the right of custody belong to several persons? Is it possible to have different custodians for different areas (care of property/care of the child itself)?
3.3 How and by whom will the right of cutody be determined if the parents are arguing about it? Is there a difference between married and unmarried couples?
Social center . Yes it is
3.4 May the right of custody be transferred to another person by means of a power of attorney?
3.4.1 Is the consent of all custodians to the transfer mandatory?
3.4.2 Are there any restrictions to this type of power of attorney (for example the right of custody may not be transferred in its entirety?
3.4.3 What are the formal requirements for this type of power of attorney?
Act drawn by a notary
4 - Who has the general right of legal representation of a minor?
4.1 Who will appoint the legal representatives, if either one or all parents/other persons) are not able to act anymore (e.g. in case of death or loss of legal capacity)?
4.1.1 On who’s proposal and when the decision on appointment of a legal representative is made?
4.1.2 Is the competent authority free in its choice of a new legal representative
4.1.3 Can the right of legal representation belong to several persons? Is it possible to have different representatives for different areas?
4.2 Are there any restrictions / extensions for the legal representative(s)?
4.2.1 Are there some areas in which the legal representative is not competent to act (e.g. drafting of a last will, entering into marriage)?
4.2.2 Is there a connection between the right of custody and the representation rights (e.g. power of representation exists only in the areas of custody)? Would it be possible for both parents to have custody but for only one to have the right of representation in transactions with some property of a minor?
4.2.3 Is it required that all legal representatives conclude transactions on behalf of the minor jointly (e.g. both parents) or may the transaction be concluded by one legal representative of the minor alone (e.g. one parent)?
It can be concluded by both parents
18.104.22.168 Name the legal transactions (e.g. waiver of succession) the legal representative may perform on behalf of the minor if he/she is acting alone (e.g. one parent).
22.214.171.124 Name the legal transactions (e.g. waiver of succession) into which the legal representatives may enter on behalf of the minor only jointly (e.g. both parents).
126.96.36.199 Would there be any difference on the requirement of joint representation in case the parents have never been married?
4.2.4 Other restrictions for legal representatives:
188.8.131.52 Is it necessary that the transaction to be approved also by some other person or authority (e.g. parent, court or local government)? What are the formal requirements on the form of the approval?
184.108.40.206 Name the transactions that persons legally representing the minor may enter into only with the consent of a court or some other authority or person appointed by law.
Transaction on real estate
220.127.116.11 In case of a mandatory approval of the transaction by another person (e.g. the other parent) or authority (e.g. court) is there any difference whether the approval is given before or after the transaction? What are the legal consequences for the transaction if the approval required by law is denied?
The act is becoming nul
18.104.22.168 Are there certain cases in which the legal representatives shall not act (e.g. contract on behalf of the minor concluded with parent or family member)?
4.3 Are there any other restrictions related to the rights of a minor (e.g. the right of succession) for the persons who have the right of custody or the right of legal representation of a minor in addition to the restrictions specified above?
4.4 May the right of representation be transferred to another person by means of a power of attorney?
4.4.1 Is the consent of all legal representatives to the transfer mandatory?
4.4.2 Are there any restrictions to this type of power of attorney (e.g. the right of representation may not be transferred in its entirety or is cannot be transferred in regard to certain transactions)?
4.4.3 What are the formal requirements for this type of power of attorney?
Act drawn by a notary
5 - How can the custodian / representative prove his/her right?
5.2 Is there any other kind of document, that proves the right of custody and/or representation?
Yes it is