Provision is made in the Mental Capacity Act 2005 regarding private international law in relation to persons who cannot protect their interests, governing which jurisdiction should apply when a national of one country is in another state, in particular giving effect in England1 and Wales2 to the Convention on the International Protection of Adults3.
As well as various preliminary provisions4, the Mental Capacity Act 2005 provides the grounds5 on which the Court of Protection6 will exercise its jurisdiction when dealing with cases with an international element7. The court may exercise its jurisdiction in relation to: (1) an adult habitually resident
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