The following Private Client Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:
In considering the issue of a person resident abroad executing a lasting power of attorney (LPA), regard should be had to the provisions of section 63 and Schedule 3 to the Mental Capacity Act 2005 (MCA 2005), which deal with the private international law applicable in relation to vulnerable adults. These provisions give effect to the Hague Convention.
See also Practice Note: International issues relating to the protection of vulnerable adults.
The Hague Convention considers ‘the need to provide for the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests’. The aim of the Hague Convention, as set out in Article 1(2), is to avoid conflicts between the legal systems when considering the applicable law and measures to be taken for the protection of such persons.
In accordance with the Hague Convention, MCA 2005, Sch 3 deals with the following matters:
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