Q&As

A property and affairs deputy wishes to sell overseas properties held by P but their deputyship order does not include authority to sell P’s property. Would an order by the Court of Protection authorising the deputy to sell the properties automatically be valid in the foreign jurisdiction or would it be necessary to ascertain what the authorities in the other jurisdiction would require in order for the properties to be sold?

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Published on LexisPSL on 24/02/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A property and affairs deputy wishes to sell overseas properties held by P but their deputyship order does not include authority to sell P’s property. Would an order by the Court of Protection authorising the deputy to sell the properties automatically be valid in the foreign jurisdiction or would it be necessary to ascertain what the authorities in the other jurisdiction would require in order for the properties to be sold?

The Practice Note: International issues relating to the protection of vulnerable adults explains that the UK is a signatory to the Hague Convention on the International Protection of Adults signed at the Hague on 13 January 2002 although it has only ratified the Convention in relation to Scotland (and not England and Wales).

The jurisdiction of the Court of Protection is governed by Schedule 3 of the Mental Capacity Act 2005 (MCA 2005), so cross-border issues affecting England and Wales need to be considered by reference to the unilateral set of rules (which broadly mirror the Hague Convention) contained in MCA 2005, Sch 3, Pt 2, para 7 which sets out the territorial extent of the Court of Protection’s jurisdiction.

The Hague Convention and MCA 2005, Sch 3 only apply to per

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