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International Protection of Adults

 

Other legal jurisdictions around the world have arrangements for the affairs of persons who have lost capacity that are similar to our own. Under our own Mental Capacity Act 2005, these are known as “protective measures” and include arrangements such as Guardianships and Trusteeships, etc. They also include such arrangements made in Scotland and Northern Ireland.

The Hague Convention on the International Protection of Adults (2000) was an attempt to create a single framework to enable cross-border protection of adults. The UK has not ratified the convention but Schedule 3 of the Mental Capacity Act 2005 replicates many of its provisions so that it will apply whenever a cross-border incapacity issue arises.

The Act applies where, for example, an adult is resident in a foreign jurisdiction but has assets in England & Wales. In such cases, it is possible to apply to the Court of Protection for it to ratify the foreign protective measure, thereby allowing someone to manage their assets in this country.

The Act also applies to powers of attorney made outside of England & Wales.

The Court of Protection Department at Lanyon Bowdler can advise and assist with this complex area of law.

Talk to our team

We would be happy to advise you on every aspect of the Court of Protection process in the UK and the Mental Capacity Act 2005.

Please give our Court of Protection Solicitors a call for a friendly, confidential, conversation about how we help manage the affairs of a vulnerable foreign citizen with UK Assets.

Please contact a member of the team or complete our online enquiry form toward the top of this page on the right-hand side. We can also arrange a home visit if more convenient.

Lanyon Bowdler has offices in Shrewsbury, Bromyard, Hereford, Ludlow, Oswestry, Telford, and Conwy in North Wales.

We regularly act over Court of Protection matters for clients following Serious Brain Injury Claims across Shropshire, Herefordshire, Mid and North Wales, Birmingham, and the Midlands. As a leading national law firm, we can represent you wherever you live in England, Wales or Northern Ireland.

Testimonials

All staff are incredibly knowledgeable and at times have been very supportive during what have been some extremely distressing periods. They are always approachable and listen to everything and make a decision based on facts.

- Anon

A quality threshold and client centred approach which never wanes. A well balanced quality of fairness with strategies to achieve the best possible outcomes for all individuals. Impressed by professionalism, work ethics, attention to detail and approachability.

- Anon

Always really happy with the service that I receive from the team.

- Stephen Farnfield

Incredibly easy to work with, I feel like we have a team approach when we work together to solve quite complex scenarios.

- Rachel Dodwell

Approachable, respond promptly, fair and reasonable. 

- Rachel Dodwell

Always get straight back to you with any questions I ask of them, sorting out any issues straight away.

- Sandra Embrey

Very friendly staff and efficient service provided. Excellent team to work alongside! Overall positive relationship with the team.

- Rachael Derbyshire

I am pleased when I call the team that they all know what is going on and will pass messages on safely. 

- Jennifer Whittall

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