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International Mental Capacity Issues

In the present day it is more frequently that clients losing capacity own assets or are living abroad. Dealing with finances after a loss of capacity can become a cross jurisdictional issue.

The approach to Mental Capacity in other jurisdictions differs from the UK’s use of the Mental capacity Act 2005. Private International Law governs which countries courts have jurisdiction and whether the foreign jurisdiction will recognise the orders of the Court of Protection or LPA’s and EPA’s made in the UK.

The Hague Convention XXXV of 13 January 2000 on the International Protection of Adults seeks to provide solutions in cross-border mental capacity cases. The convention has been ratified by a number of European states (for example France and Germany), but only Scotland has ratified it within the UK.

How we can help

We have experienced solicitors who can assist you to deal with;

  • Incapacity loss where assets exist in foreign jurisdictions
  • Planning for future incapacity which may involve international jurisdictions
  • Preparing lasting powers of attorney that consider required powers for incapacity in relevant jurisdictions.
  • Advice regarding deputyship orders and ascertaining if they are recognised in foreign jurisdictions.
  • Assisting with Notarisation, certification, the apostille and legalisation of UK documents.
  • Assistance obtaining foreign advice

We can assist you with assets and capacity issues internationally alongside translators, specialist barristers and international representatives.

If you would like to discuss any of these issues with our specialist team please call 01772 258321

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