The Circle of Care: A European Comparative Perspective on the Appointment of Representatives and Support Persons for Vulnerable Adults in State-Ordered Measures

Abstract

This article offers a comparative analysis of the legal frameworks in various European jurisdictions concerning the appointment of representatives or support persons in State-Ordered Measures for adults in need of support or representation. Drawing on country reports compiled within the FL-EUR project, it explores who may be appointed, the eligibility criteria, the weight given to the preferences and relationships of the adult concerned and the safeguards designed to prevent conflicts of interest. Attention is paid to the role of spouses or partners and whether their involvement is framed as a legal obligation or a societal expectation. The findings highlight shared principles across jurisdictions, such as the prioritization of personal connections, the importance of legal certainty through advance planning tools and the need for flexible arrangements and last-resort mechanisms. Ultimately, the article calls for legal frameworks that are sensitive not only to the protection needs of the adult but also to the emotional and relational context in which support is provided. A balanced and principled approach is essential to ensure that the appointment of representatives or support persons genuinely reflects the adult's best interests.