International issues relating to enduring and lasting powers of attorney (Hague Convention XXXV on the International Protection of Vulnerable Adults)
International issues relating to enduring and lasting powers of attorney (Hague Convention XXXV on the International Protection of Vulnerable Adults)

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • International issues relating to enduring and lasting powers of attorney (Hague Convention XXXV on the International Protection of Vulnerable Adults)
  • Hague Convention XXXV on the International Protection of Vulnerable Adults
  • The position in England and Wales prior to the Mental Capacity Act 2005
  • The position in England and Wales following the Mental Capacity Act 2005
  • Enduring and Lasting Powers of Attorney

Hague Convention XXXV on the International Protection of Vulnerable Adults

The Convention was not intended to address all capacity issues, only those concerned with the jurisdiction, applicable law, recognition and enforcement of ‘protective measures’ together with the form, acceptance and applicable law of ‘powers of representation’ granted by an adult. The Convention is an attempt to draw together all of the various approaches to mental capacity within the jurisdictions of the convention states with the interests of the adult and the preservation of dignity and autonomy being, quite rightly, primary considerations. In the United Kingdom, capacity is task-specific so a person may have the capacity to make a decision on a simple issue such as contracting for the supply of basic goods and services but may lack the capacity to make a decision on a more complex issue such as making a Will or settling property. In contrast, in other jurisdictions, if a person lacks capacity, they are regarded by the law of that jurisdiction as lacking capacity for all purposes. There is also the problem of differing standards in the standard and assessment of capacity.Hague Convention XXXV on the International Protection of Vulnerable Adults

The Convention has been ratified by Austria, the Czech Republic, Estonia, Finland, France, Germany, Latvia, Monaco, Portugal, Scotland and Switzerland. It has been signed but not yet ratified by Belgium, Cyprus, Greece, Ireland, Italy, Luxembourg, the Netherlands and Poland. The United Kingdom signed the Convention on 1 April 2003 but, surprisingly, has not yet ratified the Convention as to England and Wales (with its ratification extending only to Scotland, with effect from 1 January