International Protection of Adults

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International Protection of Adults

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- Provides the only comprehensive analysis of the key issues in relation to mental capacity in 52 jurisdictions, delivered by renowned experts in the field
- Contains full details of the practical issues involved in advising in cases involving Convention XXXV
- Analyses legal and practical issues such as those facing a granter who wishes to make a power of attorney that will be effective outside the jurisdiction of habitual residence and then compares them by jurisdiction
- Covers issues involved in cross-border cases, such as when assets are held in different jurisdictions
Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations.

The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction.

All the editors and many of the contributors and correspondents are members of STEP.

Readership: Primary: Private client lawyers, notaries, and other advisers concentrating on incapacity and property. Secondary: academics intrested in issues of private international law and capacity; the EU Commission; Central authorities and other relevant government bodies.
Overview Chapters
1.: Fundamental Definitions
2.: Overview: Key concepts in Private International Law
3.: The Civil Law and the Common Law approaches to the protection of adults
4.: Property and Affairs aspects of the international protection of adults
5.: Health and Welfare aspects of the international protection of adults
6.: The cross-border protection of adults: non-Hague 35 35 States
Part II: The cross-border protection of adults: Hague 35
7.: Hague 35: Introduction and background
8. : Hague 35: Overview and Protective Measures
9. : Hague 35: Private Mandates and Other Anticipatory Measures
10.: Hague 35: An Assessment and the Future Existing law in various jurisdictions
(a) United Kingdom, Ireland, other British Islands
11.: England and Wales
12.: Scotland
13.: Northern Ireland
14.: Ireland
15.: Isle of Man
16.: Jersey
(b) Convention XXXV States
17.: Austria
18.: Czech Republic
19.: Estonia
20.: Finland
21.: France
22.: Germany
23.: Switzerland
(c) Non-Convention XXXV States
24. : USA - Uniform Powers of Attorney Act and its effects.
25. : Australia NSW
26. : Australia Victoria
27. : Belgium
28. : Brazil
29. : Canada Alberta
30. : Canada British Columbia
31. : Canada Nova Scotia
32. : Canada Ontario
33. : Canada Saskatchewan
34. : China
35. : Croatia
36. : Denmark
37. : Greece
38. : Hong Kong
39. : Iceland
40. : Italy
41. : Japan
42. : Malta
43. : Netherlands
44. : New Zealand
45. : Norway
46. : Portugal
47. : Russia
48. : Singapore
49. : Spain
50. : Sweden
51. : Turkey
52. : USA California
Case Studies
53: Case Studies and Flow Charts to focus on providing solutions to legal issues/problem areas
Appendix 1: Questionnaire sent to correspondents
Appendix 2: Hague 35
Appendix 3: Status Chart for Hague 35 and Central/Competent Authorities
Appendix 4: Explanatory Report accompanying Hague 35
Appendix 5: Model Forms for use with Articles 7, 10, and 11 of Hague 35
Appendix 6: Model Form for use with Article 8 of Hague 35
Appendix 7: Model Form for use with Article 38 of Hague 35
Appendix 8: Recommendation No R (99) 4 of the Committee of Ministers to Member States on Principles Concerning the Legal Protection of Incapable Adults
Appendix 9: Recommendation CM/Rec(2009)11 of the Committee of Ministers to member states on principles concerning continuing powers of attorney and advance directives for incapacity
Appendix 10: Recommendation CM/Rec(2014)2 of the Committee of Ministers to member States on the promotion of human rights of older persons
Appendix 11: Preamble, Articles 1-5, 12 and 32 of the Convention on the Rights of Persons with Disabilities
Richard Frimston is a Partner and Head of the Private Client Group at Russell Cooke and advises clients in relation to their wills, probate and tax planning issues and offers Notary Public services. His areas of expertise include cross-border estates and international private law issues. Richard is a member of the British Institute of International and Comparative Law, the International Academy of Estate and Trust Law and the Association of Contentious Trust and Probate Specialists. He is the Law Society representative to the European Committee of the Union Internationale du Notariat and is currently Chair of the EU STEP Committee and co-Chair of the STEP Public Policy Committee.

Alexander Ruck Keene is a barrister at 39 Essex Street, where a very significant proportion of his practice is in proceedings under the Mental Capacity Act 2005. He has experience of appearing/advising upon all aspects of the Court of Protection's jurisdiction, and has appeared in the majority of the reported cases concerning its jurisdiction in cross-border cases. He is a member of both the Law Society of England and Scotland's Mental Health and Disability Committees, the author or co-author of leading textbooks in the field of mental capacity, and is Honorary Research Lecturer at the University of Manchester.

Adrian Ward is a solicitor and senior partner of Messrs TC Young Turnbull & Ward and has been Convener of the Mental Health and Disability Committee of the Law Society of Scotland since 1989. He was awarded MBE for services to the mentally handicapped in Scotland (1992).

Claire van Overdijk is a barrister at No. 5 Chambers and was called in 2003. She specialises in both the health and welfare and property and affairs jurisdictions of the Court of Protection, as well as the Court's international jurisdiction and cross-border capacity disputes.