Court of Protection: mental capacity and cross border

With increasing cross-border mobility, practitioners are increasingly required to advise on the management of assets, finances, health and welfare where individuals have connections to more than one jurisdiction. This webinar will explore the recognition and enforcement of private mandates and protective measures, including powers of attorney and court orders, both in England and Wales and overseas. It will consider the key issues arising where an individual loses capacity, including planning for property and financial affairs, health and welfare, estate planning and the management of foreign assets, as well as available alternatives and potential future reforms.

Topics covered include:

• Hague Convention XXXV of the International Protection on Vulnerable Adults
• Legal framework in England and Wales
• Private mandates
• Protective measures
• Recognition of representative powers in England and Wales in foreign jurisdictions
• Recognition of foreign representative powers in England and Wales
• Relocating incapacitated individual to a foreign jurisdiction
• Alternatives to applications for recognition and/or enforcement of private mandates and protective measures
• Other considerations:
  • Role of the UN Convention of the Rights of Persons with Disabilities
  • Potential for conflict between Schedule 3 of the Mental Capacity Act 2005 and 2000 Hague Convention on the International Protection of Adults
  • European Commission’s Public Consultation on the Initiative of Cross Border Protection of Vulnerable Adults
  • Proposed Regulation on Protection of Adults in Cross Border Situations
• Practical examples