ACT No. XIII of 2026 AN ACT to amend various laws relating to personal autonomy and any matter ancilliary thereto.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

24th April, 2026

ACT No. XIII of 2026

AN ACT to amend various laws relating to personal autonomy

and any matter ancilliary thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Various Laws (Personal Short title and

commencement.

Autonomy)(Amendment) Act, 2026.

(2) This Act shall come into force on such date or dates as the

Minister responsible for the rights of persons with disability may by

notice in the Gazette establish, and different dates may be so

established for different provisions and, or purposes of this Act.

PART I

AMENDMENTS TO THE CODE OF ORGANIZATION AND

CIVIL PROCEDURE

This Part amends the Code of Organization and Civil Amendments to

Procedure and shall be read and construed as one with the Code of the

Organization

Organization and Civil Procedure, hereinafter in this Part referred to as and

Procedure.

"the Code".

In Title III A of Part II of Book Second of the Code, the words

"OF GUARDIANSHIP" shall be substituted by the words "OF

PERSONAL AUTONOMY SAFEGUARDS".

Article 519A of the Code shall be amended as follows

(a) in the marginal note thereof the words "Guardianship

Board." shall be substituted by the words "Personal Autonomy

Safeguards Board.";

(b) in sub-article (1) thereof the words "Guardianship

Board" shall be substituted by the words "Personal Autonomy

Safeguards Board";

(c) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) The Board shall be composed of not more than six

(6) members, being the persons indicated in paragraphs (a)

to (e), as well as up to one (1) additional member indicated

in paragraph (f)

(a) an advocate or a person who has acted as

a judge or magistrate, and who is knowledgeable

and, or who has experience and, or training in the

area of rights of persons with disability, including

persons with psychosocial disability further to a

mental health condition or difficulty, and who shall

also be the President of the Board;

(b)

one (1) member appointed after

consultation with the Commission for the Rights of

Persons with Disability as established in the Equal

Opportunities (Persons with Disability) Act, after

this would have consulted organisations working in

the field of persons with disability;

(c)

one (1) member appointed after

consultation with the Commissioner for the

Promotion of Rights of Persons with Mental

Disorder as established in the Mental Health Act,

after such Commissioner would have consulted

organisations working in the field of mental health

rights;

(d) one (1) member appointed in consultation

with the Commissioner for Older Persons as

established in the Commissioner for Older Persons

Act, after such Commissioner would have consulted

organisations working in the field of the rights of

older persons;

(e) one (1) member appointed after

consultation with the Chief Executive Officer of the

Victim Support Agency

Provided that persons who satisfy

the requirements of paragraphs (a), (b), (c), (d) or (e)

mentioned above may be appointed as substitute

members to act on the Board in cases where any of

the persons appointed under the respective paragraph

cannot hear a specific application

Provided further that as far possible, the

majority of persons appointed as members or

substitute members in terms of this sub-article, shall

be persons with disability, drawn from the different

categories further to the definition of "disability"

found in article 188A(6) of the Civil Code and that

gender balance is maintained in effecting such

appointments;

(f)

one (1) member appointed by the

Minister responsible for the Rights of Persons with

Disability, who is a health and social care

professional drawn from fields including but not

limited to psychology, counselling and, or social

work

Provided that such professional shall be

knowledgeable and, or trained about the needs and

experiences of persons with disability and, or of

older persons, and about different social identities,

including gender, age, sexual orientation or ethnic

origin, which such persons might have, impacting the

approach to be used to address certain concerns in

respect of such persons once identified

Provided further that such professional

shall recuse himself from any proceedings before the

Board, should he have assisted, or be at the time

assisting in a professional capacity the person in

respect of whom personal autonomy safeguards are

being considered.";

(d)

sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) The President and the other members of the

Board shall hold office for a period of three (3) years

and shall be eligible for reappointment for one (1)

further consecutive term of office

Provided that if a member of the Board is

appointed at any time after the other members, the term

of office of such member shall end on the same date as

that of the other members

Provided further that a previous appointment

in terms of this article shall not disqualify a person

from possible future appointments in terms of this

article.";

(e) sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) A person shall not be qualified to hold office as

member of the Board if that person

(a)

is a Minister, a Parliamentary

Secretary, a Member of the House of

Representatives, a Mayor or a Councillor in a

Local Council; or

(b)

is legally interdicted, or is legally

incapacitated to the extent of not being able to

perform the functions required by him as a

member of the Board; or

(c)

is a person who has himself been

accorded personal autonomy safeguards, and is

not able to perform the functions required by him

as a member of the Board due to the nature of the

safeguards in question; or

(d)

has been declared bankrupt; or

(e)

has been convicted of a crime

affecting public trust, or of theft, or fraud, or

misappropriation, or of knowingly receiving

property obtained by theft or fraud, or of a crime

affecting the dignity of persons.";

(f) sub-article (7) thereof shall be substituted by the

following new sub-article

"(7) The Board shall perform such functions as

are assigned to it in this Title and in Sub-title I A of

Title VI of Book First of the Civil Code and in any

regulations as the Minister responsible for the Rights

of Persons with Disability, in conjunction with the

Minister responsible for Justice and the Minister

responsible for Health may from time to time make.";

(g) sub-article (11) thereof shall be substituted by the

following new sub-article

"(11) The Minister responsible for the rights of

persons with disability shall appoint officers both from

the Public Service and from the public sector to act as

Registrar and Administrative Secretary to the Board, and

shall provide the Board with such resources as it may

need to carry out its functions in terms of this Code,

including resources to enable it to secure the use of

appropriate premises, and engage the services of

clerical, social work and any other staff as may be

needed from time to time

Provided that such staff shall coordinate with

professionals already assisting persons appearing before

the Board, as and where relevant, and shall operate in

line with prevailing ethical and conflict of interest

norms, including by recusing themselves from particular

cases where such would be necessary.".

In sub-article (2) of article 519C of the Code the word Amendment of

article 519C of

"guardian" shall be substituted by the words "support person".

the Code.

Article 519D of the Code shall be amended as follows

Amendment of

article 519D of

the Code.

(a) in the marginal note thereof the word "guardian"

shall be substituted by the words "support person";

(b) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) A demand for the appointment of a support

person shall be made by application to the Personal

Autonomy Safeguards Board in accordance with article

188A of the Civil Code.".

Article 519E of the Code shall be substituted by the following

new article

519E. (1) The Board shall order the person in

"Interviews and

assessment of

respect of whom personal autonomy safeguards are

persons in respect

of whom personal

being requested to appear before it

autonomy

safeguards are

requested and

appointment of

temporary support

(a) to interview such person; and

(b) to order, should it deem it necessary

to identify more precisely the type and extent of

support required by the person concerned, that a

holistic functional and needs assessment of the

said person be carried out

(i) as a descriptive assessment to

better inform the process of granting

personal autonomy safeguards in terms of

law, and not for diagnostic or other

purposes

Provided that such assessment is

to focus on the causes leading to different

situations in respect of which a person may

benefit from personal autonomy safeguards,

in order to be able to address these

situations, without making any assumptions

about the person’s capabilities and, or

functional skills;

(ii) in an age-appropriate and

gender-sensitive manner;

(iii) with full respect for other

intersecting characteristics, including a

person’s cultural or religious background;

(iv) by one (1) or more experts,

engaged by the said Board on an ad hoc or

longer term basis, including but not limited

to psychologists, counsellors, social

workers and psychiatrists, knowledgeable

and, or trained about the needs and

experiences of persons with disability and,

or of older persons, and about different

social identities, including gender, age,

sexual orientation or ethnic origin, which

such persons might have

Provided that in respect of the

interview or the assessment outlined in this

sub-article, the Board may, in all cases,

subject to such conditions as it considers

appropriate, appoint a temporary support

person to act as a support person for such

person, whilst proceedings before it are

pending

Provided further that the

appointment of such temporary support

person shall not, in any case, exceed the

duration of twenty-six (26) weeks, during

which period the Board shall determine

whether a Personal Autonomy Safeguard

Order shall be made.

(2) For the purpose of conducting the

deliberations referred to in sub-article (1), the Board

shall, where circumstances so require, hold sittings or

assessments in faciem loci at such places as it may

determine.

(3) Where the Board considers that the interests of

justice so require, it shall appoint an advocate for legal

aid to assist the person in respect of whom a request for

personal autonomy safeguards is being considered.

(4) The Minister, in conjunction with the Minister

responsible for the Rights of Persons with Disability,

may make regulations in respect of assessments

referred to in article 519E(1)(b).".

Article 519F of the Code shall be substituted by the following Substitution of

article 519F of

the Code.

519F. (1) If the Board finds that there is just

"Appointment of support

cause for the appointment of a support person, it

shall proceed to make such appointment through

issuing an order, to be known as a Personal

Autonomy Safeguard Order

Provided that preference shall always be

given to a support person proposed and, or agreed

to by the person being accorded personal autonomy

safeguards, after such person would have been

provided, in respect of expressing their will and

preferences, relevant available measures ensuring

accessibility and reasonable accommodation, as

long as such support person fulfils the eligibility

criteria in article 519G(1), and subject to the

stipulations in article 519G(2)

Provided further that should such person

being accorded personal autonomy safeguards

disagree with the Board’s final choice of support

person, such person may file an application in

terms of article 519L(1), further to the requisites

contained in such provision.

(2) A person appointed as support person in

terms of a Personal Autonomy Safeguard Order

shall act in terms of the contents of such Order in

exercising all of the relevant functions, obligations

and duties provided in respect of support persons in

accordance with Sub-title I A of Title VI of Book

First of the Civil Code and in accordance with this

Title

Provided that without prejudice to

instruments referred to in article 188A(5) of the

Civil Code, and mandates referred to in article

1864A of the Civil Code, any mandates or powers

of representation in respect of which the person

accorded safeguards is either the mandator or

principal, or else the mandatory or representative,

and any agreement, whether public or private,

binding such person, with any such mandate,

powers or agreement having been concluded prior

to the issuance of the Personal Autonomy

Safeguards Order in question, shall not be affected

by such Order, unless a stipulation in respect of

any one (1) or more specific instruments of such

nature is made in the said Order, and subject to any

s t i p u l a t i o n s e m e rg i n g f r o m a n y p r o v i s i o n

contained in any such instrument, or in any law at

any time in force.

(3) In determining whether or not a person is

to be accorded personal autonomy safeguards, the

Board must consider the needs of the person in

respect of whom the safeguard is being considered,

in order to ensure that the safeguards are

proportional and adapted to the circumstances of

said person, while respecting the person’s rights,

will and preferences, and ensuring that said

safeguards are applied in such a way as to avoid

undue influence on said person.

(4) Where the Board appoints a support

person further to the issuance of a Personal

Autonomy Safeguard Order, it shall also order that

a hearing for the review of the Order shall be held

within a specified period, not being longer than

two (2) years, as may be stipulated in the Order,

and again following every such period thereafter,

with such period able to be varied by the Board

during any such hearing

Provided that the Board may at any time

of its own motion or on the application of any

person mentioned in article 188A(3) of the Civil

Code hold a hearing to review the Personal

Autonomy Safeguard Order.

(5)

The Board shall through its Registrar

notify the Registrar of the Court of Voluntary

Jurisdiction of all Personal Autonomy Safeguard

Orders approved or revoked.

(6) The Registrar of the Board shall keep an

updated register of all Personal Autonomy

Safeguard Orders approved or revoked and of the

conditions thereof.

(7) No information taken from the register

mentioned in sub-article (6) may be given by the

Registrar, unless the Board would not have

ascertained the legitimate interest of the person

requesting the said information.".

Article 519G of the Code shall be substituted by the following Substitution of

519G. (1) The Board may appoint as a support

person any person who has attained the age of

eighteen (18) years, is ordinarily resident in Malta

and consents to act as such, if the Board is

satisfied that such person

(a) is in a position to be able to perform all

the functions, obligations and duties provided in

respect of support persons under Sub-title I A of

Title VI of Book First of the Civil Code and under

this Title; and

(b) shall act according to the rights, will and

preferences of the person being accorded personal

autonomy safeguards

(i)

after the support person would

make real, considerable and pertinent efforts

to obtain an expression of will from, and

ascertain the preferences of the person being

accorded said safeguards, having provided

him with relevant available measures

ensuring accessibility and reasonable

accommodation; or

(ii) otherwise make the best

interpretation of the will and preferences of

the person, whenever it remains impossible

to obtain said expression of will and to

ascertain such preferences, after the support

person would have exerted all relevant

efforts described above

Provided that in either of these

instances, the support person shall keep a

record of the steps taken to ascertain such

will and preferences and the elements relied

upon, including the past statements, values,

beliefs and life history of the person being

accorded safeguards, making such record

available to the Board and to the person with

a legitimate interest, and shall so act when

(a) the designation of personal

autonomy safeguards is necessary for

the exercise and protection of the

rights of the person who would be

accorded said safeguards;

(b) without exerting any undue

influence on the person; and

(c) he is not in a position

where his interests conflict or may

conflict with the interests of the person

being accorded personal autonomy

safeguards, and, further to the

possibility of the Board raising this

matter ex officio, such interest may

also be communicated to the Board as

soon as it is known or is suspected that

it exists, by the support person

himself, or by any other party

Provided that the final

determination in respect of an actual or

potential conflict, and specifically on

whether such would vitiate a new

support arrangement, or else the

continuation of the existing support

person in their role, shall lie with the

Board; and

(d)

is not a Minister, a

Parliamentary Secretary, a Member of

the House of Representatives, Mayor

or Councillor in a Local Council,

unless the Board decides that an

exception should be made in view of

circumstances linked to a particular

case; and

(e)

is not legally interdicted,

or is not legally incapacitated to the

extent that such incapacitation would

prevent him from providing the

support needed by the person in

respect of whom personal autonomy

safeguards are sought; and

(f)

is not a person who,

having himself been accorded personal

autonomy safeguards, is not judged by

the Board as not being in a position to

be able to provide the support needed

by the person in respect of whom

personal autonomy safeguards are

sought; and

(g)

has not been declared

bankrupt, should the support person be

required to provide support in respect

of financial matters and, or

administration of property; and

(h)

has not been convicted of

a crime affecting public trust, or of

theft, or fraud, or misappropriation, or

of knowingly receiving property

obtained by theft or fraud, or of a

crime affecting the dignity of persons

Provided that the Board

may appoint joint support persons for

the person being accorded personal

autonomy safeguards, each of whom

shall

perform

such

functions,

obligations and duties as the Board

may determine.

(2)

In determining whether a person is

suitable to act as the support person of a person

being accorded personal autonomy safeguards, the

Board shall act in a manner that respects the

rights, will and preferences of the person himself,

while taking into account the desirability of

preserving existing family and social relationships

and the compatibility of the person proposed as

support person with the person being accorded

personal autonomy safeguards.

(3) A support person shall be entitled to

receive a fee, remuneration or other reward for

acting in this capacity if the Board decides on

such, and indicates this decision specifically in the

order appointing the support person.

(4)

Where it appears to the Board that a

proposed support person, even if temporary, or a

person appointed to act as a support person does

not fulfil the requirements of sub-article (1), it

may appoint any other person suitable to act as

support person.

(5)

The Board may also order the

substitution of a support person at any time during

the term of a Personal Autonomy Safeguard

Order, should any person listed in article 188A(3)

of the Civil Code raise concerns before the Board

as to the support person failing to meet any one (1)

or more of the suitability criteria in accordance

with this article, and the Board, having examined

the matter, decides that such concerns are

justified, in which case the procedure envisaged in

article 188A(3) of the Civil Code shall be

followed when effecting said substitution, subject,

at any time, to the provisions of sub-article (4)

Provided that until such a new

appointment is effected, a temporary support

person may be appointed by the Board, following

the procedure outlined in article 519E.".

Article 519GA of the Code shall be substituted by the Substitution of

article 519GA

following new article

of the Code.

519GA. (1)The Minister responsible for the

support persons from the

Rights of Persons with Disability shall appoint a

pool of support persons as he may deem fit,

consisting of, inter alia , advocates, legal

procurators, health and social care professionals,

including social workers and occupational

therapists and other experts, as well as the Chief

Executive Officer of the Victim Support Agency or

his representatives, to perform the duties of support

persons

Provided that such persons shall be

knowledgeable and, or trained about the needs and

experiences of persons with disability and, or of

older persons, and about different social identities,

including gender, age, sexual orientation or ethnic

origin, which such persons might have

Provided further that recommendations in

respect of possible members of the pool may be

made to the Minister responsible for the rights of

persons with disability, for the consideration of the

said Minister, by activists working in the field of

human rights, as well as by organisations

representing such activists, including by activists

and organisations working on the rights of persons

with disability and of older persons.

(2) A list of the members of the pool appointed

as aforesaid shall be published in the Gazette.

(3) The Board shall ensure that a support

person appointed according to the provisions of this

article would suit the needs of the particular

personal autonomy safeguard application in respect

of which said appointment would be effected.

(4) The provisions of articles 519F, 519G (1),

(2), (4) and (5), 519H, 519I and 519J relating to

functions, duties and responsibilities of support

persons shall mutatis mutandis apply to the State

pool of support persons.

(5)

A support person appointed according to

the provisions of this article shall be entitled to such

remuneration as the Board specifies in the order

appointing said person as a support person, with

said remuneration to be drawn from the estate of the

person being accorded personal autonomy

safeguards, or otherwise financed by the State.

(6)

In case of misconduct, negligence or any

reasonable objection to any person selected to

perform the duties of support person, the Board

shall have the power to remove him from the case

and to appoint another support person from the pool

in his stead

Provided that said actions undertaken by

the Board shall be without prejudice to any other

civil or criminal actions available at law and that the

Board may deem appropriate to pursue in respect of

the support person, in light of the specific

circumstances of the case.".

Article 519H of the Code shall be substituted by the following

519H. (1)

A support person who is

"When a Personal Autonomy

Safeguard Order includes

authorised in a Personal Autonomy Safeguard

administration of property.

Order to support in the administration of monies

or other property of a person accorded personal

autonomy safeguards, shall within two (2)

months of his appointment submit to the Board a

list of assets and liabilities, that result from the

person accorded personal autonomy safeguards

as at the date of issue of the Personal Autonomy

Safeguard Order

Provided that where said order

includes the administration of monies or other

property, the Board may direct the support

person designate to bind himself with

hypothecation of his own property limited to a

fixed sum that corresponds to not more than the

total value of said monies or other property,

faithfully and with all honesty to support in the

administration of monies or other property of a

person accorded personal autonomy safeguards.

(2) A support person who supports in the

receipt of monies or other property due to the

person accorded personal autonomy safeguards

shall keep separate payment accounts and

records, including income and expenditure

accounts, of such monies or other property

Provided that, for the purposes of this

sub-article, the term "payment accounts" shall

have the same meaning as that assigned to it in

sub-article (1) of article 2 of the Financial

Institutions Act.

(3) A support person shall notify and seek

the prior approval of the Board in respect of any

transfer of, or imposition of a burden upon

property belonging to a person accorded

personal autonomy safeguards, when a

particular Personal Autonomy Safeguard Order

envisages a role for the support person in

transactions of this nature

Provided that any transfer of, or

imposition of a burden on any property

belonging to the person accorded personal

autonomy safeguards and made in contravention

of the provisions of this sub-article shall be null

and void, and should the support person not

perform, within a reasonable period of time, all

actions necessary to reverse all effects of said

transfer or imposition, following an order to this

effect by the Board, the Board shall proceed to

terminate the appointment of the support person,

and commence procedures in order for a new

support person to be appointed, with said new

support person being also tasked with

undertaking all procedures necessary with a

view to reversing all effects of said transfer or

imposition

Provided further that nothing in this

sub-article shall be construed as limiting the

powers of the support person to support by

providing for the ordinary personal needs of the

person accorded personal autonomy safeguards.

(4) A support person shall also submit to

the Board, an income and expenditure account

confirmed on oath with regard to the Personal

Autonomy Safeguard Order

(a) every year; and

(b) upon revocation or other

termination of the Personal Autonomy

Safeguard Order; or

(c) upon the termination of a

temporary Personal Autonomy Safeguard

Order

Provided that should the

Board be concerned, or should it be

brought to the attention of the Board by

any person listed in article 188A(3) of the

Civil Code, that in conducting any aspects

of administration reflected in said account,

the support person’s actions would have

run counter to the rights, will or

preferences of the person accorded

safeguards and, or would have breached

ethical norms expected and, or legal

obligations incumbent on any person with

such administrative responsibilities, the

Board shall cause the support person to be

brought before it, in order to seek

clarifications, and should the Board decide

that any such actions would have indeed

run manifestly counter to such rights, will

or preferences and, or ethical norms and,

or legal obligations, then it would issue an

order, requiring the support person to,

within a reasonable period of time,

undertake all actions necessary to reverse

all effects of said prior actions, and should

the support person not comply with the

terms of such order, the Board shall

proceed to terminate the appointment of

the support person, and commence

procedures in order for a new support

person to be appointed, with said new

support person being also tasked with

undertaking all actions necessary with a

view to reversing all effects of said prior

actions.

(5) Within thirteen (13) weeks from the

death of the person accorded personal autonomy

safeguards, the support person shall provide the

Board with a detailed report relating to

administration of the assets of the person

accorded personal autonomy safeguards

including, income, expenditure and

administration of property and, where relevant,

funeral and burial expenses

Provided that should the Board be

concerned, or should it be brought to the

attention of the Board by any person listed in

article 188A(3) of the Civil Code, that in

conducting any aspects of administration

reflected in said report, during the lifetime of the

p e r s o n w h o h a d b e e n a c c o r d e d pe r s o n a l

autonomy safeguards, the support person’s

actions would have run counter to the rights,

will or preferences of the person accorded

safeguards and, or would have breached ethical

norms expected of and, or legal obligations

incumbent on any person tasked with such

administrative responsibilities, the Board shall

cause the support person to be brought before it,

in order to seek clarifications, and should the

Board decide that any such actions would have

indeed run manifestly counter to said rights, will

or preferences and, or ethical norms and, or

legal obligations, then it would issue an order,

requiring the support person to, within a

reasonable period of time, undertake all actions

necessary to reverse all effects of said prior

actions in connection with the estate of the

deceased person who had been accorded

personal autonomy safeguards, and should the

support person not comply with the terms of

such order, the Board shall proceed to terminate

the appointment of the support person, and

commence procedures in order for a new

support person to be appointed, with said new

support person being also tasked with

undertaking all actions necessary with a view to

reversing all effects of said prior actions.

(6)

Any person interested as a creditor,

beneficiary, family member, or otherwise

interested, in any monies or other property in the

administration of which a support person is

involved, may make an application to the Board

to intervene and give their advice on any order

appropriate in the circumstances regarding any

matter arising out of the administration of the

said monies or property in which the support

person is involved, and the Board, after having

heard the support person and the person

accorded personal autonomy safeguards, may

make such order in relation to such application

as the circumstances of the case may require.".

Article 519I of the Code shall be substituted by the following Substitution of

519I. (1) A support person may request the

"Support person may

advice of the Board regarding any matter relating to

the Personal Autonomy Safeguard Order or the

exercise of any of the functions, obligations and

duties of the support person according to the Personal

Autonomy Safeguard Order.

(2) The Board shall order that a request under

sub-article (1) be served on any person that it directs.

(3) The Board may

(a) approve or disapprove of any act

proposed to be done by the support person;

(b)

give such advice as it considers

appropriate;

(c)

make any order or decision as it

considers necessary or amend or revoke the

Personal Autonomy Safeguard Order.

(4)

No legal proceedings shall be instituted

against a support person on account of an act or

anything done or omitted by the support person under

any order or decision, or on the advice of the Board,

made or given in accordance to this article, unless in

representing the facts to the Board the support person

shall have acted fraudulently or shall have wilfully

concealed or misrepresented facts.".

Article 519J of the Code shall be substituted by the following Substitution of

519J. (1) Any person mentioned in article

Personal Autonomy

188A(3) of the Civil Code may, by application,

request the Board to revoke a Personal Autonomy

Safeguard Order and the Board, after due

consideration, may revoke said Order if the Board

determines that

(a) the cause which gave rise to the

Personal Autonomy Safeguard Order has

ceased to exist; or

(b) there is good and sufficient cause to

revoke such Personal Autonomy Safeguard

Order.

(2) When a person accorded personal autonomy

safeguards dies, the support person shall report the

death to the Board within a period that shall not

exceed a maximum of one (1) week from the demise

of the person for whom he was support person.".

Article 519K of the Code shall be amended as follows

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"519K. (1) If the Board receives information, from

any person or entity, that a person accorded personal

autonomy safeguards is facing serious obstacles to the

exercise of his rights, will or preferences, or is

suffering from serious damage to his physical,

emotional, mental health or well-being as a

consequence of ill-treatment, abuse or neglect, the

Board may appoint a person or more than one (1)

person to visit the person accorded personal autonomy

safeguards for the purpose of investigating the case and

preparing a report to the Board on the situation of

said person accorded personal autonomy safeguards.

Such a report is to be made to the Board within four (4)

days or any other time limit as may be stipulated in the

order

Provided that the Board, if and when it deems

it appropriate, may demand that such information be

confirmed on oath.";

(b) in sub-article (4) thereof, the words "person with

disability or mental disorder" shall be substituted by the words

"person accorded personal autonomy safeguards".

Sub-article (1) of article 519L of the Code shall be substituted Amendment of

by the following new sub-article

"(1) Any person, including a person in respect of whom

proceedings concerning personal autonomy safeguards would

have been undertaken, and who feels aggrieved by a decision of

the Board may by application appeal the said decision in front of

the Court of Voluntary Jurisdiction

Provided that in case of an action brought by a person

in respect of whom proceedings concerning personal autonomy

safeguards would have been undertaken, where such person is

incapable, in accordance with any provision of law, of suing or

being sued, such action may be commenced by such person

notwithstanding such incapacity, and the person shall also be

provided with relevant available measures ensuring accessibility

and reasonable accommodation.".

Article 519M of the Code shall be substituted by the Substitution of

following new article

519M. (1) Any person mentioned in article 188A of

the Civil Code may request the Court of Voluntary

Jurisdiction to revoke an interdiction or an

incapacitation further to the successful pursual of the

issuance of a Personal Autonomy Safeguard Order

instead, and the said Court shall refer the matter to the

Personal Autonomy Safeguards Board in every such

instance

Provided that in case of an action brought by a

person subject to a decree of interdiction or of

incapacitation, where such person is incapable, in

accordance with any provision of law, of suing or being

sued, such action may be commenced by such person

notwithstanding such incapacity, and the person shall

also be provided with relevant available measures

ensuring accessibility and reasonable accommodation.

(2) Where the Board considers that there are

sufficient grounds for the conversion referred to in sub-

article (1) to be made, it shall issue a Personal

Autonomy Safeguard Order and notify the Court of this

fact, following which the Court shall proceed to revoke

the interdiction or incapacitation in question.

(3) The Minister responsible for justice may by

regulations in accordance with this sub-article establish

the fees payable in the registry of the courts in relation

to the filing of judicial acts in connection with any

procedure in accordance with this article

Provided that until such fees are so

established, the fees contained in Schedule A to the

Code of Organization and Civil Procedure shall

apply.".

Article 519N of the Code shall be amended as follows

(a) the words "Minister responsible for Social Policy"

shall be replaced by the words "Minister responsible for the

rights of persons with disability";

(b) in paragraph (b) thereof, the words "Guardianship

Orders" shall be substituted by the words "Personal Autonomy

Safeguard Orders";

(c) in paragraph (e) thereof, the words "Guardianship

Orders" shall be substituted by the words "Personal Autonomy

Safeguard Orders".

Immediately after article 519N of the Code there shall be added

the following new articles

519O.(1) Guardianship Orders issued prior to the

coming into force of article 8 of the Various Laws

(Personal Autonomy) (Amendment) Act, 2026 shall

continue in force for the remaining duration of said

2026. Guardianship Orders following the entry into force of

said article.

(2) Such Guardianship Orders shall be converted

into Personal Autonomy Safeguard Orders, should

renewal of said Guardianship Orders be sought and

acceded to, with the procedure in article 519F(4) to be

followed for assessing such requests.

(3) Any application for a Guardianship Order,

filed in terms of article 519F(1) prior to the amendment

of said sub-article by article 8 of the Various Laws

(Personal Autonomy) (Amendment) Act, 2026 and

2026. which is still pending at the time of the coming into

force of said article, shall continue to be assessed in

accordance with the provisions of article 519F(4) prior

to its amendment by said Act.

(4) Should the said application for a Guardianship

Order be acceded to, articles 519A to 519L, prior to the

amendment of said articles by articles 4 to 15 of the

Various Laws (Personal Autonomy) (Amendment) Act,

2026. 2026 and articles 188A to 188C of the Civil Code, prior

to the amendment of said articles by articles 27 to 29 of

the said Act, shall continue to apply in respect of said

Guardianship Order during its period of validity.

(5) Any application for revocation of a

Guardianship Order issued in accordance with article

519F(1), prior to the amendment of said sub-article by

article 8 of the Various Laws (Personal Autonomy)

2026. (Amendment) Act, 2026 shall be made following the

procedure in article 519J(1).

(6) Should renewal be sought of a Guardianship

Order issued in accordance with the procedure referred

to in the preceding sub-article, said renewal request

shall follow the procedure in article 519F(4), and if

such request is acceded to, a Personal Autonomy

Safeguard Order shall be issued in terms of article

519F(1).

519P. (1) Decrees of interdiction made in

accordance

with article 523, prior to the deletion of said

concerning decrees

article by article 19 of the Various Laws (Personal

Autonomy) (Amendment) Act, 2026 and decrees of

incapacitation made in accordance with article 524, prior

2026. to the deletion of said article by article 19 of the said Act,

shall continue in force for the remaining duration of the

term of office of the curator appointed further to such

decrees of interdiction or incapacitation following the

coming into force of said amendments.

(2) For the remaining duration of the term of office

of the curators referred to in the preceding sub-article,

the following articles shall continue to apply in respect

of the decrees referred to in said preceding sub-article

(a) articles 520 to 525, and article 929,

prior to the deletion or amendment of said articles

by articles 19 and 21 of the Various Laws

2026. (Personal Autonomy) (Amendment) Act, 2026;

(b) articles 154(1)(c), 189, 191, 597, 630,

752, 967(3)(b), 972, 1325(4), 1332(1)(a), 1744 (a)

and 1744(b) of the Civil Code, prior to the deletion

or amendment of said articles by articles 24, 31 to

33 and 35 to 41 of the said Act; and

(c) article 40(2) of the Second Schedule of

the Civil Code, prior to the amendment of said sub-

article by article 43 of the said Act.

(3) The decrees referred to in sub-article (1) shall

be converted into Personal Autonomy Safeguard

Orders, should renewal of the term of office of the

curator appointed in terms of said decrees of

interdiction or incapacitation be sought and acceded to,

and the procedure in article 519F(4) shall be followed in

such cases.

(4) Any application for a decree of interdiction

made in accordance with article 523, prior to the deletion

of said article by article 19 of the Various Laws

2026. (Personal Autonomy) (Amendment) Act, 2026 or for a

decree of incapacitation made in accordance with article

524, prior to the deletion of said article by article 19 of

the said Act, and which are still pending at the time of

coming into force of this article, shall continue to be

assessed in terms of the provisions of articles 523 or

524 prior to their deletion by said Act.

(5) Should a decree referred to in the preceding

sub-article be issued, the provisions referred to in sub-

article (2) shall continue to apply in respect of such

decree, during the initial term of office of the curator

appointed further to such decree.

(6) Any application for a revocation of a decree of

interdiction made in accordance with article 523, prior

to the deletion of said article by article 19 of the Various

Laws (Personal Autonomy) (Amendment) Act, 2026 or

2026. of a decree of incapacitation made in accordance with

article 524, prior to the deletion of said article by article

19 of the said Act, shall be made further to article 526,

prior to the deletion of said article by article 19 of the

said Act

Provided that in case of an action brought by a

person subject to a decree of interdiction or of

incapacitation, where such person is incapable, in

accordance with any provision of law, of suing or being

sued, such action may be commenced by such person

notwithstanding such incapacity, and the person shall

also be provided with relevant available measures

ensuring accessibility and reasonable accommodation

Provided further that the Minister responsible

for Justice may, by regulations under this sub-article,

establish the fees payable in the registry of the courts in

relation to the filing of judicial acts in connection with

the procedure under this sub-article, and until such fees

are so established, the fees contained in Schedule A shall

apply.

(7) Should renewal be sought of the term of office

of a curator appointed in terms of a decree of

interdiction or incapacitation made in line with the

procedures referred to in this article, such renewal

request shall follow the procedure in article 519F(4),

and if said request is acceded to, a Personal Autonomy

Safeguard Order shall be issued in terms of article

519F(1).

(8) Should the curator, appointed under a decree of

interdiction or incapacitation referred to in the

preceding sub-article, decline to act as a support person

once the term of office of the curator in terms of said

decree is due for renewal

(a) the procedure in article 188A(3) of the

Civil Code shall be followed for the appointment

of a new support person; and

(b) a temporary support person shall be

appointed following the procedure in article 18 of

the Protection of Adults in Situations of

Vulnerability Act, and further to the stipulations

therein, pending the appointment of such new

support person.".

Articles 520 through to 525 of the Code, both included, shall Deletion of

articles 520 to

525 of the Code.

Article 527 of the Code shall be amended as follows

Amendment of

article 527 of

the Code.

(a) in sub-article (1) thereof, immediately following the

words "in the decree of interdiction or incapacitation," there

shall be added the words "or after having been notified by the

Registrar of the Personal Autonomy Safeguards Board of an

approved Personal Autonomy Safeguard Order in terms of article

519F(6) of the Code," and immediately following the words "the

terms of the inhibition" there shall be added the words "or of the

(b) in the proviso to sub-article (1) thereof, immediately

following the words "shall order that the decree", there shall be

added the words "or relevant notification", and immediately

following the words "a note of such interdiction or

incapacitation" there shall be added the words " or Order";

(c) in sub-article (2) thereof, immediately following the

words "Register of Interdicted and Incapacitated Persons", there

shall be added the words ", and Persons accorded Personal

Autonomy Safeguards";

(d) in sub-article (3) thereof the words "three parts" shall

be substituted by the words "four parts", and the words "and the

third part shall contain a list of persons in respect of whom a

certificate of lack of mental capacity has been issued in

accordance with the Mental Health Act" shall be substituted by

the words ", the third part shall contain a list of persons in

respect of whom a certificate of lack of mental capacity has been

issued in accordance with the Mental Health Act, and the fourth

part shall contain a list of persons accorded Personal Autonomy

Safeguard Orders";

(e) in sub-article (4) thereof the words "the person

interdicted or incapacitated" shall be substituted by the words

"the person interdicted, incapacitated or accorded a Personal

Autonomy Safeguard Order," and immediately following the

words "the decree of interdiction or incapacitation" there shall be

added the words ", or of the Personal Autonomy Safeguard

Order";

(f)

in the proviso to sub-article (4) thereof

(i) in sub-paragraph (a) thereof, immediately

following the words "since the date of the decree" there

shall be added the words "or of the Personal Autonomy

Safeguard Order";

(ii) in sub-paragraph (c) thereof, immediately

following the words "in terms of article 526," there shall be

added the words "or the Personal Autonomy Safeguard

Order has been revoked in terms of article 519J";

(iii) in sub-paragraph (d) thereof immediately

following the words "person interdicted or incapacitated",

there shall be added the words ", or accorded a Personal

Autonomy Safeguard Order,".

In Article 929 of the Code, in paragraph (a) thereof, the words

"or person with a mental disorder or other condition, which renders

him incapable of managing his own affairs, or persons interdicted"

shall be deleted.

PART II

AMENDMENTS TO THE CIVIL CODE

This Part amends the Civil Code and shall be read and Amendments to

construed as one with the Civil Code, hereinafter in this Part referred to the

as "the Code".

In Title VI of Book First of the Code the word Amendment of

"GUARDIANSHIP" shall be substituted by the words "PERSONAL Title

First of the

AUTONOMY SAFEGUARDS".

Code.

Paragraph (c) of sub-article (1) of article 154 of the Code shall Amendment of

article 154 of

be deleted.

the Code.

Sub-article (2) of article 188 of the Code shall be substituted by Amendment of

Article 188 of

the following new sub-article

the Code.

"(2) A major person, including a person with

disability, shall be guaranteed full juridical equality

and, particularly, the recognition of full legal capacity,

the entitlement to perform all the acts of civil life, to

exercise all personal rights, as subject to all relevant

obligations at law, and to the restrictions in respect of

said acts, rights and obligations contained in other

provisions of law.".

In Sub-title I A of Title VI of Book First of the Code the Amendment of

words "OF GUARDIANSHIP" shall be substituted by the words "OF Sub-title

Title VI of Book

PERSONAL AUTONOMY SAFEGUARDS".

First of the

Code.

Article 188A of the Code shall be amended as follows

Amendment of

article 188A of

the Code.

(a) in the marginal note thereof, the words "Persons

subject to guardianship." shall be substituted by the words

"Persons who can be accorded personal autonomy safeguards.";

(b) sub-article (1) thereof shall be substituted by the

following new sub-article and proviso

"(1) As a means of respecting the rights, will and

preferences of, and in order to safeguard the effective

exercise of rights and fulfilment of obligations of any

major person, a support person can be appointed, to the

extent of the relevant personal autonomy safeguard being

ensured through such appointment being proportional and

adapted to the circumstances of, and applied in such a way

so as to avoid undue influence on said major person

Provided that this sub-article shall not be

interpreted as permitting any determination of the

existence or extent of a person’s legal capacity, which shall

at all times be presumed, and that personal autonomy

safeguards shall be intended solely to facilitate the exercise

of such legal capacity.";

(c) in sub-article (2) thereof, immediately after the words

"in article 156" there shall be added the words ", or who would

have otherwise acquired legal capacity before the age of majority

in accordance with any law in force governing his personal

status";

(d) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) The demand for the application of a personal

autonomy safeguard by one or more persons may be

made by

(a) any person who voluntarily wishes to

be made subject to the application of said

personal autonomy safeguard; or

(b) in cases where said person is unable or

limited in their possibility to request said personal

autonomy safeguard, by any person mentioned

below

(i) one of the spouses in respect of

the other;

(ii) any person in respect of another

related to him by consanguinity;

(iii) any person who is related by

affinity to the person in respect of whom the

application of a personal autonomy

safeguard is sought and who may be called

upon to supply maintenance to such person;

(iv) the Director for Disability Issues

as defined in article 2 of the Protection of

Adults in Situations of Vulnerability Act;

(v) any person demonstrating a

close personal, social or professional

connection with the person, and an interest

in the person’s well-being, including but not

limited to a social worker, youth worker,

volunteer in a voluntary organisation or

close friend; or

(vi) the State Advocate, unless the

demand shall have been made by any other

person,

after said person would have made, in

respect of the person concerned with regard to

whom said request is being made, real,

considerable and pertinent efforts to obtain an

expression of will from, and ascertain the

preferences of the person, having provided him

with relevant available measures ensuring

accessibility and reasonable accommodation,

without exerting any undue influence on said

person

Provided that when it would not be

practicable to obtain a determination of such will

and preferences from the person in respect of

whom a request is being contemplated, such other

persons mentioned in this sub-article should

otherwise make a best interpretation of such will

and preferences, also taking into account the

social history of the person in respect of whom the

request is being contemplated

Provided further that such persons shall

keep a record of the steps taken to ascertain the

person’s will and preferences, including when

making a best interpretation thereof, and of the

elements relied upon, including the past

statements, values, beliefs and life history of the

person in respect of whom the request is being

contemplated, making such record available to the

Personal Autonomy Safeguards Board as

established in the Code of Organization and Civil

Procedure

Provided further that in respect of any

request made in accordance with this paragraph,

that the designation of personal autonomy

safeguards would be necessary for the exercise

and protection of the rights of the person in

respect of whom said request is being made.";

(e)

sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) If in any civil proceedings the Court considers

that a party may benefit from a personal autonomy

safeguard in order to ensure the effective exercise of

rights and fulfilment of obligations of said party, the

Court shall, after having heard such party, after having

provided him with the relevant available measures

ensuring accessibility and reasonable accommodation,

refer the matter to the Personal Autonomy Safeguards

Board as established in the Code of Organization and

Civil Procedure for its determination.";

(f) sub-article (5) thereof shall be substituted by the

following sub-article

"(5) Any major person may, in anticipation of

requiring future support for the exercise of their legal

capacity, make provision through a written instrument,

communicated to the Personal Autonomy Safeguards

Board, in respect of their will and preferences in

relation to the application of personal autonomy

safeguards in such circumstances, and of any matters

ancillary or consequential thereto, including the

indication of instances in which the Personal

Autonomy Safeguards Board should act as if it had

received a demand in terms of sub-article (3) from said

major person, and the Minister, in conjunction with the

Minister responsible for the Rights of Persons with

Disability and the Minister responsible for Health, shall

make regulations in respect of the form, content and

conclusion of said written instruments.";

(g) immediately after sub-article (5) as substituted, there

shall be added the following new sub-article

"(6) For the purposes of this Sub-title, the term

"disability" shall have the same meaning as that

assigned to it in sub-article (1) of article 2 of the United

Nations Convention on the Rights of Persons with

Disabilities Act.".

Article 188B of the Code shall be substituted by the following

188B. A support person shall act so as to

guarantee the effective exercise of rights and

fulfilment of obligations of the person accorded

personal autonomy safeguards, in any one or more

of the following

(a)

to safeguard the personal and

proprietary rights of the person accorded

personal autonomy safeguards;

(b)

to support or represent, as the

case may be, including through co-decision-

making with the person accorded personal

autonomy safeguards, or in accordance with

powers of representation executed by such

person, in matters of a personal or of a

proprietary nature, in relation to any one or

more acts of civil life, as specified, and

through the mechanism prescribed in the

Personal Autonomy Safeguard Order;

(c) to act in any other manner,

including to support or represent, as the case

may be, the person accorded personal

autonomy safeguards, including through co-

decision-making, as he may be ordered or

authorised to do by the Personal Autonomy

Safeguards Board established under Title III

A of Part II of Book Second of the Code of

Organization and Civil Procedure or by the

Court of Voluntary Jurisdiction or as may be

prescribed by regulations made under this

Sub-title

Provided that when acting in accordance

with this article, a support person shall

(a) maintain frequent contact with a

person, with a view to being able to support,

in a timely manner, the person in the

decision-making process;

(b) make real, considerable and

pertinent efforts to obtain an expression of

will from and ascertain a person’s

preferences, while respecting his rights; and

(c) provide him with relevant

available measures ensuring accessibility and

reasonable accommodation

Provided further that a support person

shall only act when

(a) personal autonomy safeguards

are necessary for the exercise and protection

of the rights of the person;

(b) without exerting any undue

influence on such person; and

(c) in line with the provisions of a

Personal Autonomy Safeguard Order as

established in the Code of Organization and

Civil Procedure

Provided further that support

shall, as far as possible, be provided in a

manner that enables the person concerned to

make

decisions

themselves,

and

representation by the support person shall be

used only where supported decision-making is

not practicable in relation to a specific act and

only to the minimum extent and duration

necessary

Provided further that where

determination of will and preferences is still

not practicable after the support person

would have followed the criteria in the

second proviso, the support person shall

follow a best interpretation of a person’s will

and preferences, also taking into account the

person’s past statements, values, beliefs and

life history.".

Article 188C of the Code shall be substituted by the following

188C. (1) The provisions of this Sub-title shall

"Obligations in respect of

acts to safeguard personal

be construed and interpreted and every function,

power, authority, discretion, duty or right conferred

by this Sub-title or by any regulations made

thereunder shall be exercised, in such manner that

(a) the well-being, rights, will and

preferences of the person accorded personal

autonomy safeguards are respected and given

effect, including through the use of a best

interpretation of will and preferences

undertaken when, following significant

efforts to determine such will and

preferences, this would not be practicable;

(b) the effective exercise of rights

and fulfilment of obligations of the person

accorded personal autonomy safeguards shall

be guaranteed;

(c) the nature of the personal

autonomy safeguards shall be proportionate

to the aims which they are intended to

achieve, and adapted to the circumstances of

the person accorded personal autonomy

safeguards; and

(d) the

personal

autonomy

safeguards shall be applied in such a way as

to avoid undue influence on the person

accorded said safeguards.

(2) In the exercise of his obligations the

support person shall

(a) take appropriate measures to

provide the support that the person accorded

personal autonomy safeguards may require in

exercising his legal capacity, after having

made real, considerable and pertinent efforts

to ascertain the person’s will and preferences,

and where such is still not practicable

following such efforts, following a best

interpretation of said will and preferences

(i)

after having made real,

considerable and pertinent efforts to

obtain an expression of will from, and

ascertain the preferences of the said

person, having provided him with

relevant available measures ensuring

accessibility

and

reasonable

accommodation; and

(ii) where after such efforts

having been made, it is not practicable

to determine such will and preferences,

having proceeded with a best

determination of the will and

preferences of the person

Provided that, in either of these

instances, the support person shall keep a

record of the steps taken to ascertain such will

and preferences and the elements relied upon,

including the past statements, values, beliefs

and life history of the person being accorded

safeguards, making such record available to

the Personal Autonomy Safeguards Board as

established in the Code of Organization and

Civil Procedure and to persons with a

legitimate interest, and shall so act

(a) when personal autonomy

safeguards are necessary for the

exercise and protection of the rights of

the person who would be accorded said

safeguards;

(b) in an age-appropriate and

gender-sensitive manner;

(c) with full respect for

intersecting characteristics, including a

person’s

cultural

or

religious

background;

(d) without exerting any undue

influence on said person; and

(e) in line with the provisions

of a Personal Autonomy Safeguard

Order as established in the Code of

Organization and Civil Procedure;

(b) consult and act together with the

person

accorded

personal

autonomy

safeguards, in respect of one or more acts of

civil life, and subject to the provisions of this

Code, and of the Code of Organization and

Civil Procedure, when provision for such

joint action specifically is made in a Personal

Autonomy Safeguard Order, and following

the possibility of additionally concluding a

Support Agreement between the person

accorded personal autonomy safeguards and

the support person, executed in such format

as may be prescribed in virtue of sub-article

(4), and as may be from time to time

amended;

(c) support, where necessary, the

person

accorded

personal

autonomy

safeguards to participate to the fullest extent in

the life of the community;

(d) support, where necessary, the

person

accorded

personal

autonomy

safeguards in relation to self-care and self-

management, and in relation to occupational

strategies, including in relation to the

management of the person’s property, and

decision-making in respect of matters relating

to his person and property;

(e) support

and

assist,

where

necessary, the person accorded personal

autonomy safeguards in protecting themselves

from neglect, abuse or exploitation; and

(f) support

and

assist,

where

necessary, the person accorded personal

autonomy safeguards in sourcing and

accessing any assistive means as may be

required for the proper fulfillment of the

obligations provided for in this sub-article.

(3) Subject to the limits imposed in the

Personal Autonomy Safeguard Order or by any

other decision which the Personal Autonomy

Safeguards Board may give from time to time, a

support person may, where necessary, support or

assist a person subject to personal autonomy

safeguards in relation to signing and doing all such

things as are necessary to give effect to any

functions or obligations vested in the support

person.

(4) The Minister, in conjunction with the

Minister responsible for the Rights of Persons with

Disability and the Minister responsible for Health,

shall make regulations in respect of the form,

content and conclusion of Support Agreements

referred to in sub-article (2).".

In Article 188D of the Code, the words "Minister responsible Amendment of

for Social Policy" shall be substituted by the words "Minister article

responsible for the Rights of Persons with Disability".

Article 189 of the Code shall be deleted.

Article 191 of the Code shall be deleted.

Article 597 of the Code shall be amended as follows

(a) in paragraph (b) thereof the words ", even if not

interdicted," shall be deleted;

(b)

paragraph (c) thereof shall be deleted;

(c)

paragraph (e) thereof shall be deleted.

Immediately after paragraph (d) of sub-article (1) of article

605 of the Code there shall be added the following new paragraph

"(e) wilfully inflicted physical pain or injury on the

testator or his or her spouse;

(f) abandoned and, or neglected the testator or his

or her spouse;

(g) refused or failed to fulfil a care giving

obligation or to provide for the maintenance, shelter,

health care, or protection to the testator or his or her

spouse in vulnerable circumstances.".

In article 630 of the Code the words "is interdicted on the

ground of prodigality, or" shall be deleted.

Article 752 of the Code shall be amended as follows

(a)

sub-article (2) thereof shall be deleted;

(b) in sub-article (3) thereof, the words ", or the insane

person, or person with a mental disorder or other condition, if of

sound mind at the time of his death" shall be deleted.

Paragraph (b) of sub-article (3) of article 967 of the Code

shall be deleted.

Article 972 of the Code shall be deleted.

Sub-article (4) of article 1325 of the Code shall be deleted.

Paragraph (a) of sub-article (1) of article 1332 of the Code

shall be deleted.

Article 1744 of the Code shall be amended as follows

Amendment of

article 1744 of

the Code.

(a)

in paragraph (a) thereof, the words ", (c)" shall be

(b)

paragraph (b) thereof shall be deleted.

Article 1864A of the Code shall be amended as follows

Amendment of

article 1864A of

the Code.

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

(1) A mandate given by a person of full age shall

be

drawn up, under pain of nullity, by a notary public in

the presence of two (2) witnesses in accordance with

personal faculties . the requirements of article 655(1) of this Code, and

shall be registered in the same manner as any one of the

acts mentioned in article 50 of the Notarial Profession

and Notarial Archives Act, when such mandate is

given

(a) in anticipation of impairment or

insufficiency, whether complete or otherwise

partial, of their personal faculties to a mandatary;

and

(b) for the mandatary indicated to support

and, or represent the mandator in respect of any

one (1) or more matters related to the protection

of the mandator’s person and rights and, or

administration of the mandator’s property.";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) In the case of a person of full age, performance

of the mandate shall be conditional upon having obtained

(a) a declaration from one (1) or more health

and social care professionals confirming the presence

of any one (1) or more impairments or insufficiencies

of personal faculties, whether partial or complete,

listed in the mandate as specific conditions needing

to occur for such mandate to be brought into force;

and

(b) approval from the Court of Voluntary

Jurisdiction, after this would have given the mandator

the opportunity to be heard, by deciding on the

request of the mandatary designated in the act upon

application by the mandatary, while being able to

impose those conditions that it may deem

necessary.";

(c) paragraph (a) of sub-article (3) thereof shall be

substituted by the following new paragraph

"(a) For the purpose of termination of the mandate,

such termination has to

(i) be drawn up by a notary public in the

same manner as the mandate was constituted, and

accompanied by one (1) or more sworn

certificates issued by health and social care

professionals which confirm that any impairments

and, or insufficiencies of personal faculties the

subsistence of which the operation of the mandate

was conditional on would have ceased;

(ii) be approved by the Court of Voluntary

Jurisdiction; and

(iii) be registered in the same manner as

any one act mentioned in article 50 of the Notarial

Profession and Notarial Archives Act.".

In sub-article (2) of article 40 of the Second Schedule of the

Code, the words "an interdicted or" shall be deleted.

PART III

AMENDMENTS TO THE MARRIAGE ACT

This Part amends the Marriage Act and shall be read and

construed as one with the Marriage Act, hereinafter in this Part

referred to as the "principal Act".

In article 2 of the principal Act immediately after the

definition "act of marriage" there shall be added the following new

" "adult in a situation of vulnerability" shall have the

same meaning as that assigned to it in article 2 of the

Protection of Adults in Situations of Vulnerability

Act;".

Article 4 of the principal Act shall be substituted by the

following new article

4. While any major referred to in article 188(2) of

the Civil Code shall be capable of contracting marriage,

subject to the restrictions otherwise contained in this Act,

should the Registrar have received information alleging

that, or otherwise have reason to believe that an applicant

is an adult in a situation of vulnerability who is likely to

suffer significant harm should the marriage proceed, said

Registrar may, in respect of a request made by said

applicant in accordance with article 7(5), seek the written

advice of the Director appointed in terms of article 4(1)

of the Protection of Adults in Situations of Vulnerability

Act, in deciding whether to proceed with the publication

of banns of matrimony or otherwise

Provided that said Director shall, within five (5)

working days following receipt of the Registrar’s

request, determine whether there is sufficient reason to

believe that the applicant, being an adult in a situation of

vulnerability, is likely to suffer significant harm should

the contemplated marriage proceed, and thereafter

communicate such determination to the Registrar in

writing forthwith

Provided further that such advice shall only

serve to document a descriptive assessment in response

to concerns raised, meant to better inform the process

subsequent to an application received under article 7(5),

and shall not be used, directly or indirectly, for

diagnostic or other purposes, including for the

determination or limitation of the applicant’s legal

capacity, or for establishing or otherwise assuming the

capabilities or functional skills of the applicant in respect

of unrelated matters.".

In sub-article (2) of article 8 of the principal Act the words Amendment of

"any such directions." shall be substituted by the words "any such article

principal Act.

directions:" and immediately thereafter there shall be added the

following new proviso

"Provided that this provision shall apply even where such

person is, under any provision of law, incapable of suing or being sued,

and in any such case the action may be commenced by such person

notwithstanding such incapacity, saving any assistance or other

condition that the court may deem appropriate to order.".

PART IV

AMENDMENTS TO THE EQUAL OPPORTUNITIES (PERSONS

WITH DISABILITY) ACT

This Part amends the Equal Opportunities (Persons with

Disability) Act and shall be read and construed as one with the Equal

Opportunities (Persons with Disability) Act, hereinafter in this Part

referred to as the "principal Act".

Sub-article (1) of of article 22 of the principal Act shall be

amended as follows

(a) paragraph (t) thereof shall be substituted by the

following new paragraph

"(t) monitor Personal Autonomy Safeguard

Orders, and initiate or participate in any civil action in

respect of such Orders provided for in the Code of

Organization and Civil Procedure, or else in terms of

this Act

Provided that the Commissioner shall also

request a review of the operation of

(a) Title IIIA of Part II of Book Second of

the Code of Organization and Civil Procedure;

(b) Title VI of the Civil Code; and

(c) the use of procedures covered by said

Titles under the Mental Health Act,

by the Standing Committee on Social Affairs of the

House of Representatives established by the Standing

Orders of the House of Representatives Order, every

three (3) years following the entry into force of the said

Titles, and the Committee would also be able to propose

legislative amendments in furtherance of better reaching

or addressing the objects and reasons of these Titles,

during said reviews.";

(b) in paragraph (v) thereof, the words "Investigations

Unit and Enforcement Unit." shall be substituted by the words

"Investigations Unit and Enforcement Unit;", and immediately

thereafter, there shall be added the following new paragraph

"(w) monitor any measures undertaken in accordance

of the Protection of Adults in Situations of Vulnerability

Act, or in respect of which recognition is requested in

accordance with article 7 of the Convention on the

International Protection of Adults (Ratification) Act, as

well as initiate proceedings or otherwise intervene as

necessary as authorised by relevant legislation, including

in accordance with this Act.".

PART V

AMENDMENTS TO THE MENTAL HEALTH ACT

This Part amends the Mental Health Act and shall be read and Amendments to

construed as one with the Mental Health Act, hereinafter in this Part the

referred to as the "principal Act".

Article 2 of the principal Act shall be amended as follows

(a) immediately following the definition "patient" there

shall be added the following new definitions

" "personal autonomy" shall have the same

meaning assigned to it for the purposes of the

Civil Code and the Code of Organization and

Civil Procedure;

" "personal autonomy safeguards" shall have

the same meaning assigned to it for the purposes

of the Civil Code and the Code of Organization

and Civil Procedure;

"Personal Autonomy Safeguards Board" shall

have the same meaning assigned to it in article

519A of the Code of Organization and Civil

Procedure";

(b) immediately prior to the definition "treatment" there

shall be added the following new definition

" "support person" shall have the same meaning

assigned to it for the purposes of the Civil Code and

the Code of Organization and Civil Procedure;".

Article 4 of the principal Act shall be amended as follows

(a) in sub-article (2) thereof, immediately following the

words "to act on his behalf" there shall be added the words "while

respecting his rights, and making real, considerable and pertinent

efforts to obtain an expression of will and preferences from such

person or else making a best interpretation determination where

this is not practicable";

(b) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) Where any person is appointed by a decree of a

court or a Personal Autonomy Safeguard Order to

represent or safeguard the personal autonomy of the

patient, the person so appointed shall be deemed to be the

responsible carer of the patient

Provided that a person appointed through a

Personal Autonomy Safeguard Order to represent or

safeguard the personal autonomy of the patient shall only

be deemed to be the responsible carer of the patient if such

is specifically indicated in such Personal Autonomy

Safeguard Order.".

Article 24 of the principal Act shall be amended as follows

(a) in sub-article (4) thereof the words "incapacitation or

interdiction" shall be substituted by the words "personal

autonomy safeguards";

(b) sub-article (6) thereof shall be substituted by the

following new sub-article

"(6)

Certification in terms of the Eleventh

Schedule shall only be valid as approved by the

Commissioner, and if such approval includes the

recommendation of a request for personal autonomy

safeguards, such certification shall cease to be valid

after the lapse of twenty-six weeks from the date of

approval, unless procedures for the granting of

personal autonomy safeguards would have been

initiated.";

(c)

sub-article (9) thereof shall be substituted by the

following new sub-article

(9) Every

decree

of

interdiction

or

incapacitation, or Personal Autonomy Safeguard

Order that mentions lack of mental capacity as a

ground for its issuance, shall be notified to the

Commissioner who may, if he so deems necessary,

during the period of interdiction or incapacitation or

subsistence of the personal autonomy safeguards,

request the evaluation by three specialists to review

the mental capacity of the person concerned and

w h e r e , a f t e r c o n s i d e r i n g t h e s a i d re v i e w, t h e

Commissioner is of the opinion that the person

concerned no longer lacks mental capacity, the

Commissioner shall inform the court or the Personal

Autonomy Safeguards Board accordingly.".

Article 25 of the principal Act shall be substituted by the Substitution of

following new article

25. During any court proceedings regarding the

Safeguards Board by interdiction or incapacitation of a person, or any

proceedings before the Personal Autonomy

Safeguards Board, the Commissioner may submit a

report to the court before which proceedings are

pending, or to the Personal Autonomy Safeguards

Board, if he suspects or has knowledge that such

proceedings were initiated for vexatious or fraudulent

reasons.".

Article 26 of the principal Act shall be amended as follows

(a) immediately following the words "incapacitated or

interdicted by order of a court", there shall be added the words ",

or as a support person for a person accorded personal autonomy

safeguards by order of the Personal Autonomy Safeguards

(b) paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) support the person in respect of any treatment

necessary for his mental and physical conditions;".

Article 27 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof, immediately after the word

"curator" there shall be added the words "or support person";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) If the Commissioner finds or has reason to

believe that the curator is not acting in the best interests

of the person, or that the support person is not acting in

a manner that respects the rights, will and preferences

of the person, he shall file an application in the

competent court or before the Personal Autonomy

Safeguards Board asking for a change of curator or

support person.".

In sub-article (2) of article 45 of the principal Act the words

"incapacitation or interdiction of another person" shall be substituted

by the words "application of personal autonomy safeguards in respect

of another person".

The Eleventh Schedule of the principal Act shall be amended

(a) item (4) thereof shall be substituted by the following

new item

Estimated duration of lack of mental capacity is

............................... (weeks) and an application for personal

autonomy safeguards is not recommended; OR

more than 26 weeks and an application for personal autonomy

safeguards is recommended.";

(b) the section thereof entitled "DECISION" shall be

substituted by the following new section

Certification approved for a period of ......................... (weeks)

and shall expire on ....................

Certification approved for a period of ....................... (weeks)

and shall expire on ............................. with the following

amendments:..........................................................................................

Certification for more than 26 weeks and a recommendation for

an application for incapacitation are approved

Certification for more than 26 weeks and a recommendation for

an application for interdiction are approved.

Certification for more than 26 weeks and a recommendation for an

application for personal autonomy safeguards are approved.

CLMC Ref. No.: ......................... is revoked (if applicable)

Certification not approved

CLMC Ref. No.: .............................. is not revoked (if

applicable)

My decision was communicated in writing to the responsible

specialist, the person, and the responsible carer on (date) ..................

(Signature)

(Date)

(Time)".

Passed by the House of Representatives at Sitting No. 456 of the

21st April, 2026.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€4.14