Mental Capacity Law in England and Wales

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.CONTENTSChapter 1: IntroductionChapter 2: Protective MeasuresChapter 3: Private MandatesChapter 4: Alternative OptionsChapter 5: Where P Has Assets Abroad or Moves AbroadChapter 6: Case StudiesAppendix A: ChecklistAppendix B: Practice Direction 23AAppendix C: Practice Direction 9HAppendix D: Precedent Order Appointing a Property and Affairs DeputyAppendix E: Precedent Additional Authority Clauses for a Property and Affairs Deputyship OrderAppendix F: Precedent Order Authorising a Deputy to Deal With Assets AbroadAppendix G: Precedent Order Authorising the Deputy to Transfer P’s Property to a Foreign Appointed Representative and Discharging the DeputyAppendix H: Re UR [2021] EWCOP 10