Rhys Hadden considers Cross Border issues: Deputyships & LPAs

Rhys Hadden considers Cross Border issues: Deputyships & LPAs

2 Feb, 2018

In a world with an aging population, increased movement of people between countries and geographically dispersed assets, issues concerning incapacitated individuals and managing their personal affairs now frequently extend beyond local borders. The once rarefied domain of international private client law has become much more commonplace.

This article provides an outline of the legal framework for foreign powers of attorney and deputyship equivalents, namely the Hague Convention on the International Protection of Adults and its domestic counterpart, Sch.3 Mental Capacity Act 2005. It then considers the recognition and use of foreign protective measures and powers of attorney in England and Wales, including consideration of the long-awaited new Court of Protection rules and accompanying practice direction, Part 23 CoPR 2017 and PD23A, that came into force on 1 December 2017. It concludes with a brief look at the enforceability of domestic LPAs and orders of the Court of Protection abroad.

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