Aging with security: lifetime support contracts and elderly protection in the macedonian system compared to the European Legal Framework

The Charter of Fundamental Rights of the European Union recognizes and respects the rights of the elderly to lead a dignified and independent life, in a way that will allow them to participate in social and cultural life. The purpose of the Charter is to establish the basic principles and rights necessary for the well-being of all those who depend on others for support and care because of age, illness or disability . In addition, the European Social Charter requires the member states of the Council of Europe to take appropriate measures against the abuse of the elderly. Such measures could be legislated in a way that would enable states to assess the extent of the problem and raise awareness of the need to eradicate elder abuse and neglect.
The elderly have the right to long-term care and support from their families and communities, enabling them to live safe, healthy, and dignified lives. This right imposes a positive responsibility on families, communities, and the state to ensure the necessary care and assistance is provided without exception. In the context of Macedonian law, the lifetime support contract serves as a bilaterally binding contract where the provider commits to offering lifetime support to the recipient or a designated third party. In exchange, the recipient transfers all or part of their property to the provider, with the actual transfer occurring only upon the recipient’s death. This mechanism, which originated in Macedonia after World War II, establishes mixed rights: inter vivos (during life) and mortis causa (upon death) for both parties involved.
However, critical questions arise regarding the effectiveness of lifetime support contracts in protecting the elderly within the Macedonian legal system. A significant concern is that recipients may be influenced or pressured into transferring their entire property, which could lead to the exclusion of necessary heirs and the prioritization of a single designated "heir." Addressing these questions is crucial for enhancing the legal framework surrounding lifetime support contracts, ensuring that it not only provides for the needs of the elderly but also protects their rights and those of their heirs.
To align with European Union standards, North Macedonia is consistently working to harmonize its legislation with the EU’s legal framework, particularly in areas such as human rights, social protection. However, there remain significant opportunities for improvement to enhance the protection of vulnerable groups, including the elderly. This paper focuses on analyzing the legal aspects of lifetime support contracts within the context of the EU Charter of Fundamental Rights, which recognizes and respects the rights of the elderly to lead dignified and independent lives. By examining these contracts through the lens of European standards, we can identify existing gaps in the Macedonian legal framework. The aim is to propose several potential solutions that not only ensure compliance with EU standards but also strengthen the social welfare system in North Macedonia. By implementing these recommendations, we can achieve long-term improvements in the legal and social protection of the elderly, aligning with the principles enshrined in European law and ultimately fostering a more inclusive environment for elderly.

Keywords: lifetime support contract; EU law; Macedonian legal system; elderly protection.