Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions.
Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction. All the editors and many of the contributors and correspondents are members of STEP.
Richard Frimston is a Partner and Head of the Private Client Group at Russell Cooke and advises clients in relation to their wills, probate and tax planning issues and offers Notary Public services. His areas of expertise include cross-border estates and international private law issues. Richard is a member of the British Institute of International and Comparative Law, the International Academy of Estate and Trust Law and the Association of Contentious Trust and Probate Specialists. He is the Law Society representative to the European Committee of the Union Internationale du Notariat and is currently Chair of the EU STEP Committee and co-Chair of the STEP Public Policy Committee. Alexander Ruck Keene is a barrister at 39 Essex Street, where a very significant proportion of his practice is in proceedings under the Mental Capacity Act 2005. He has experience of appearing/advising upon all aspects of the Court of Protection's jurisdiction, and has appeared in the majority of the reported cases concerning its jurisdiction in cross-border cases. He is a member of both the Law Society of England and Scotland's Mental Health and Disability Committees, the author or co-author of leading textbooks in the field of mental capacity, and is Honorary Research Lecturer at the University of Manchester. Adrian Ward is a solicitor and senior partner of Messrs TC Young Turnbull & Ward and has been Convener of the Mental Health and Disability Committee of the Law Society of Scotland since 1989. He was awarded MBE for services to the mentally handicapped in Scotland (1992). Claire van Overdijk is a barrister at No. 5 Chambers and was called in 2003. She specialises in both the health and welfare and property and affairs jurisdictions of the Court of Protection, as well as the Court's international jurisdiction and cross-border capacity disputes.
OVERVIEW CHAPTERS; PART II: THE CROSS-BORDER PROTECTION OF ADULTS: HAGUE 35; (A) UNITED KINGDOM, IRELAND, OTHER BRITISH ISLANDS; (B) CONVENTION XXXV STATES; (C) NON-CONVENTION XXXV STATES; CASE STUDIES; APPENDIX 1: QUESTIONNAIRE SENT TO CORRESPONDENTS; APPENDIX 2: HAGUE 35; APPENDIX 3: STATUS CHART FOR HAGUE 35 AND CENTRAL/COMPETENT AUTHORITIES; APPENDIX 4: EXPLANATORY REPORT ACCOMPANYING HAGUE 35; APPENDIX 5: MODEL FORMS FOR USE WITH ARTICLES 7, 10, AND 11 OF HAGUE 35; APPENDIX 6: MODEL FORM FOR USE WITH ARTICLE 8 OF HAGUE 35; APPENDIX 7: MODEL FORM FOR USE WITH ARTICLE 38 OF HAGUE 35; APPENDIX 8: RECOMMENDATION NO R (99) 4 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON PRINCIPLES CONCERNING THE LEGAL PROTECTION OF INCAPABLE ADULTS; APPENDIX 9: RECOMMENDATION CM/REC(2009)11 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON PRINCIPLES CONCERNING CONTINUING POWERS OF ATTORNEY AND ADVANCE DIRECTIVES FOR INCAPACITY; APPENDIX 10: RECOMMENDATION CM/REC(2014)2 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON THE PROMOTION OF HUMAN RIGHTS OF OLDER PERSONS; APPENDIX 11: PREAMBLE, ARTICLES 1-5, 12 AND 32 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES