Mental Capacity & Cross-Border Issues - Recognition & Enforcement Explored

Introduction

Most applications made to the Court of Protection are in relation to the property or welfare of persons habitually resident in England and Wales.

The Mental Capacity Act 2005 does, however, contain provisions relating to the power of the court in situations where a person lacking capacity to make decisions is habitually resident outside of England and Wales.

This new virtual classroom seminar will consider how and when the court can exercise its jurisdiction, particularly in relation to the recognition and enforcement of foreign powers of attorney and court orders.

Practitioners are increasingly receiving enquiries relating to the recognition and enforcement of foreign powers of attorney and court orders (known as private mandates and protective measures).

The session will consider how and when to make an application to the Court of Protection for the recognition and/or enforcement of a private mandate or protective measure.

It will also consider the legal framework and relevant case law and alternatives to such applications.

What You Will Learn

This live and interactive course will cover the following:

• The relevant legal framework
• What is a private mandate
• What is a protective measure
• How to make an application to the Court of Protection for the recognition and enforcement of a private mandate or protective measure
• Alternatives to applications for the recognition and/or enforcement of private mandates and protective measures
• Future reforms

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.