Act XIII of 2026, assented to on 24 April 2026, is a wide-ranging amending Act that replaces the legal framework of guardianship across multiple Maltese laws with a new regime centred on 'personal autonomy safeguards'. It amends the Code of Organization and Civil Procedure (Cap. 12), the Civil Code (Cap. 16), the Marriage Act (Cap. 255), the Equal Opportunities (Persons with Disability) Act (Cap. 413), and the Mental Health Act (Cap. 525).

Part I amends the Code of Organization and Civil Procedure. Article 3 renames Title III A of Part II of Book Second from 'OF GUARDIANSHIP' to 'OF PERSONAL AUTONOMY SAFEGUARDS'. Article 4 renames the 'Guardianship Board' to the 'Personal Autonomy Safeguards Board' (article 519A) and restructures its composition to up to six members plus one optional additional member: (a) an advocate or former judge/magistrate with disability-rights expertise, who serves as President; (b) a member after consultation with the Commission for the Rights of Persons with Disability (Cap. 413); (c) a member after consultation with the Commissioner for Promotion of Rights of Persons with Mental Disorder (Cap. 525); (d) a member after consultation with the Commissioner for Older Persons (Cap. 553); (e) a member after consultation with the CEO of the Victim Support Agency; and (f) optionally, a health and social care professional appointed by the Minister. The majority of members and substitute members shall, as far as possible, be persons with disability and gender balance is to be maintained. Members serve three-year terms, renewable once consecutively. Disqualifications are set out in the new sub-article (4). Articles 5–16 replace 'guardian' terminology with 'support person' throughout articles 519C–519L. Article 7 substitutes article 519E with detailed provisions on interviews, holistic functional and needs assessments (descriptive only, not diagnostic), temporary support person appointments not exceeding 26 weeks, legal aid advocacy, and ministerial regulation-making power. Article 8 substitutes article 519F, introducing the 'Personal Autonomy Safeguard Order' as the instrument of appointment, requiring mandatory review hearings within a period not exceeding two years as stipulated in the Order. Article 9 substitutes article 519G on eligibility of support persons, including requirements of being 18 years old, ordinarily resident in Malta, acting according to the rights, will and preferences of the person, keeping records of steps taken to ascertain will and preferences, and avoiding conflicts of interest. Article 10 substitutes article 519GA on the State pool of support persons, published in the Gazette, with remuneration drawn from the estate of the person accorded safeguards or financed by the State. Article 11 substitutes article 519H on administration of property obligations, including submission of asset/liability lists within two months of appointment, annual income and expenditure accounts confirmed on oath, and a report within 13 weeks of the death of the person accorded safeguards. Unauthorised property transfers are declared null and void. Articles 12–13 substitute articles 519I and 519J on the support person seeking Board advice and revocation of Orders. Article 14 amends article 519K on investigative powers. Article 15 amends article 519L(1) to allow appeals to the Court of Voluntary Jurisdiction, expressly permitting persons otherwise legally incapable of suing to bring such actions. Article 16 substitutes article 519M on conversion of interdiction/incapacitation decrees to Personal Autonomy Safeguard Orders. Article 17 amends article 519N to transfer regulatory powers from the Minister responsible for Social Policy to the Minister responsible for the Rights of Persons with Disability. Article 18 inserts new articles 519O (transitional provisions for existing Guardianship Orders) and 519P (transitional provisions for existing decrees of interdiction or incapacitation), preserving existing orders for their remaining duration before conversion upon renewal. Article 19 deletes articles 520–525 of the Code (existing interdiction and incapacitation provisions). Article 20 amends article 527 to extend the Register of Interdicted and Incapacitated Persons to include a fourth part listing persons accorded Personal Autonomy Safeguard Orders. Article 21 amends article 929.

Part II amends the Civil Code. Article 23 renames Title VI of Book First to 'PERSONAL AUTONOMY SAFEGUARDS'. Article 24 deletes article 154(1)(c). Article 25 substitutes article 188(2) to guarantee every major person, including a person with disability, full juridical equality, recognition of full legal capacity and the entitlement to perform all acts of civil life. Article 27 substitutes article 188A to reframe personal autonomy safeguards as a support mechanism that must never be interpreted as determining or limiting legal capacity, which is always presumed; it broadens the class of persons who may request safeguards and introduces a new sub-article (5) enabling any major person to make advance written instruments communicating will and preferences to the Board, and adds sub-article (6) defining 'disability' by reference to the UN Convention on the Rights of Persons with Disabilities Act (Cap. 627). Article 28 substitutes article 188B with detailed functions of a support person, including supported decision-making, co-decision-making, and representation only to the minimum extent necessary. Article 29 substitutes article 188C with overarching obligations ensuring proportionality, respect for will and preferences, avoidance of undue influence, and provision for Support Agreements. Articles 31–32 delete articles 189 and 191. Articles 33–41 amend various provisions of the Civil Code (articles 597, 605, 630, 752, 967, 972, 1325, 1332, 1744) to remove references to interdiction, incapacitation and related concepts, and article 605 adds new grounds of unworthiness to inherit (abandonment, neglect, refusal to provide care). Article 42 amends article 1864A on anticipatory mandates, requiring notarial form, two witnesses, conditions precedent confirmed by health and social care professionals, and Court of Voluntary Jurisdiction approval for both activation and termination of the mandate. Article 43 amends article 40(2) of the Second Schedule.

Part III amends the Marriage Act (Cap. 255). Article 45 inserts a definition of 'adult in a situation of vulnerability' by reference to Cap. 659. Article 46 substitutes article 4, enabling the Registrar, where there is reason to believe an applicant is an adult in a situation of vulnerability likely to suffer significant harm from the marriage, to seek written advice from the Director under Cap. 659, who must respond within five working days; the advice is expressly limited to a descriptive assessment and may not be used to determine or limit legal capacity. Article 47 amends article 8(2) to allow persons otherwise legally incapable of suing to commence proceedings.

Part IV amends the Equal Opportunities (Persons with Disability) Act (Cap. 413). Article 49 substitutes article 22(1)(t) to require the Commissioner to monitor Personal Autonomy Safeguard Orders, initiate civil actions, and to request the Standing Committee on Social Affairs of the House of Representatives to review the operation of the relevant Titles every three years following entry into force. It also adds new paragraph (w) requiring the Commissioner to monitor measures under the Protection of Adults in Situations of Vulnerability Act (Cap. 659) and the Convention on the International Protection of Adults (Ratification) Act (Cap. 633).

Part V amends the Mental Health Act (Cap. 525). Article 51 inserts definitions of 'personal autonomy', 'personal autonomy safeguards', 'Personal Autonomy Safeguards Board' and 'support person' into article 2. Articles 52–58 amend articles 4, 24, 25, 26, 27 and 45, and the Eleventh Schedule, to align the Mental Health Act with the new personal autonomy framework, updating references to interdiction/incapacitation, making the Commissioner's role in proceedings before the Board explicit, and updating the Eleventh Schedule certification form to include a recommendation pathway for personal autonomy safeguards where lack of mental capacity is estimated to last more than 26 weeks.

Commencement: By article 1(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.' The Act does not commence automatically on publication. Practically, the Act affects persons with disability, older persons, persons with psychosocial disabilities, persons currently subject to guardianship orders or interdiction/incapacitation decrees, their families and carers, the Personal Autonomy Safeguards Board and its staff, the judiciary, notaries, the Victim Support Agency, marriage registrars, and health and social care professionals involved in assessments and mandates.

Personal Autonomy Amendment Act (Act XIII of 2026)