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Mental Capacity Law in England and Wales: Recognition and Enforcement of Protective Measures and Private Mandates
Paperback
ISBN13: 9781918241327
Publisher: Law Brief Publishing
Published: Jun 18 2026
Pages: 146
Weight: 0.47
Height: 0.31 Width: 6.14 Depth: 9.21
Language: English
An essential, practice-focused guide for lawyers navigating the complex world of cross-border adult incapacity. As families, assets and care arrangements increasingly have links to multiple jurisdictions, advisers are more frequently asked to deal with questions of jurisdiction, recognition of foreign orders and private mandates and the use of English orders and powers of attorney abroad. This book provides a clear and authoritative roadmap through those challenges, cutting through uncertainty to explain what practitioners can, and cannot, do.
Considering and applying the relevant legal framework, the book offers detailed yet accessible guidance. Complex legal principles are translated into practical steps, supported by judicial checklists, worked examples and real-world case studies drawn from recent authority.
Designed for busy private client and Court of Protection practitioners, this is a book to be used at the point of need. Whether advising where an adult has moved abroad, holds assets in different jurisdictions or is the subject of competing proceedings in different countries, readers will gain the confidence to assess risk, anticipate procedural pitfalls and make informed strategic decisions. Clear, pragmatic and authoritative, this title will quickly become an indispensable reference for anyone dealing with cross-border mental capacity issues.
CONTENTS
Chapter 1: Introduction
Chapter 2: Protective Measures
Chapter 3: Private Mandates
Chapter 4: Alternative Options
Chapter 5: Where P Has Assets Abroad or Moves Abroad
Chapter 6: Case Studies
Appendix A: Checklist
Appendix B: Practice Direction 23A
Appendix C: Practice Direction 9H
Appendix D: Precedent Order Appointing a Property and Affairs Deputy
Appendix E: Precedent Additional Authority Clauses for a Property and Affairs Deputyship Order
Appendix F: Precedent Order Authorising a Deputy to Deal With Assets Abroad
Appendix G: Precedent Order Authorising the Deputy to Transfer P's Property to a Foreign Appointed Representative and Discharging the Deputy
Appendix H: Re UR [2021] EWCOP 10
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