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.
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.