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The International Protection of Adults
896
The International Protection of Adults
896Hardcover
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Overview
Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations.
The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction.
All the editors and many of the contributors and correspondents are members of STEP.
The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction.
All the editors and many of the contributors and correspondents are members of STEP.
Product Details
| ISBN-13: | 9780198727255 |
|---|---|
| Publisher: | Oxford University Press |
| Publication date: | 05/26/2015 |
| Pages: | 896 |
| Product dimensions: | 9.80(w) x 6.80(h) x 2.00(d) |
About the Author
Richard Frimston, Partner and Head of Private Client Group, Russell Cooke LLP, Alexander Ruck Keene, Barrister, 39 Essex Street, Adrian Ward MBE, Solicitor and Partner, TC Young, Claire van Overdijk, Barrister, No. 5 Chambers
Richard Frimston is a Partner and Head of the Private Client Group at Russell Cooke LLP, London. He is highly regarded for his expertise in cross-border estates and international private law issues. Richard is a member of the British Institute of International and Comparative Law, the International Academy of Estate and Trust Law and the Association of Contentious Trust and Probate Specialists. He is currently Chair of the EU STEP committee. He was a member of the EU Commission experts groups PRM III and IV in relation to succession and matrimonial property and he has given evidence on these and cross border capacity issues to the House of Lords sub-committee E and regularly to the EU Parliament Legal Affairs Committee.
Alexander Ruck Keene is a barrister at 39 Essex Street, London where a very significant proportion of his practice is in proceedings under the Mental Capacity Act 2005. He has experience of appearing/advising upon all aspects of the English Court of Protection's jurisdiction, and has appeared in the majority of the reported cases concerning its jurisdiction in cross-border cases. He is a member of the Law Society of England's Mental Health and Disability Committee, the author or co-author of leading textbooks in the field of mental capacity, and is an Honorary Research Lecturer at the University of Manchester.
Adrian Ward is a solicitor and partner in TC Young LLP, Glasgow and is a recognised Scottish and international expert in adult incapacity law. He has lectured and advised, and his prolific output of books and articles has been published, in many countries over more than three decades. Throughout that period he has acted in or instructed many leading cases in the field, and has been continuously involved in law reform processes. His international work has included work as adviser to World Health Organisation, delivering European Union projects, and serving as British member of the Council of Europe's expert working party on powers of attorney and advance directives. His books include the current standard Scottish texts on the subject. He has been founder chairman of NHS Trusts and a Mental Health Association, and has also engaged in service delivery projects overseas. He has been convener of the Mental Health and Disability Committee of the Law Society of Scotland since 1989. His awards include an MBE for services to the mentally handicapped in Scotland; national awards for legal journalism, legal charitable work and legal scholarship; and the lifetime achievement award at the 2014 Scottish Legal Awards.
Claire van Overdijk is a barrister at No. 5 Chambers, London where she specialises in mental capacity law and in proceedings under the health and welfare and property and affairs jurisdictions of the English Court of Protection, as well as the Court's international jurisdiction. Claire has also co-authored the leading text on the jurisdiction of the Court of Protection and is a member of the Law Faculty of University College London where she teaches private international law on the LL.M course.
Richard Frimston is a Partner and Head of the Private Client Group at Russell Cooke LLP, London. He is highly regarded for his expertise in cross-border estates and international private law issues. Richard is a member of the British Institute of International and Comparative Law, the International Academy of Estate and Trust Law and the Association of Contentious Trust and Probate Specialists. He is currently Chair of the EU STEP committee. He was a member of the EU Commission experts groups PRM III and IV in relation to succession and matrimonial property and he has given evidence on these and cross border capacity issues to the House of Lords sub-committee E and regularly to the EU Parliament Legal Affairs Committee.
Alexander Ruck Keene is a barrister at 39 Essex Street, London where a very significant proportion of his practice is in proceedings under the Mental Capacity Act 2005. He has experience of appearing/advising upon all aspects of the English Court of Protection's jurisdiction, and has appeared in the majority of the reported cases concerning its jurisdiction in cross-border cases. He is a member of the Law Society of England's Mental Health and Disability Committee, the author or co-author of leading textbooks in the field of mental capacity, and is an Honorary Research Lecturer at the University of Manchester.
Adrian Ward is a solicitor and partner in TC Young LLP, Glasgow and is a recognised Scottish and international expert in adult incapacity law. He has lectured and advised, and his prolific output of books and articles has been published, in many countries over more than three decades. Throughout that period he has acted in or instructed many leading cases in the field, and has been continuously involved in law reform processes. His international work has included work as adviser to World Health Organisation, delivering European Union projects, and serving as British member of the Council of Europe's expert working party on powers of attorney and advance directives. His books include the current standard Scottish texts on the subject. He has been founder chairman of NHS Trusts and a Mental Health Association, and has also engaged in service delivery projects overseas. He has been convener of the Mental Health and Disability Committee of the Law Society of Scotland since 1989. His awards include an MBE for services to the mentally handicapped in Scotland; national awards for legal journalism, legal charitable work and legal scholarship; and the lifetime achievement award at the 2014 Scottish Legal Awards.
Claire van Overdijk is a barrister at No. 5 Chambers, London where she specialises in mental capacity law and in proceedings under the health and welfare and property and affairs jurisdictions of the English Court of Protection, as well as the Court's international jurisdiction. Claire has also co-authored the leading text on the jurisdiction of the Court of Protection and is a member of the Law Faculty of University College London where she teaches private international law on the LL.M course.
Table of Contents
Overview Chapters1.: Fundamental Definitions
2.: Overview: Key concepts in Private International Law
3.: The Civil Law and the Common Law approaches to the protection of adults
4.: Property and Affairs aspects of the international protection of adults
5.: Health and Welfare aspects of the international protection of adults
6.: The cross-border protection of adults: non-Hague 35 35 States
Part II: The cross-border protection of adults: Hague 35
7.: Hague 35: Introduction and background
8. : Hague 35: Overview and Protective Measures
9. : Hague 35: Private Mandates and Other Anticipatory Measures
10.: Hague 35: An Assessment and the Future Existing law in various jurisdictions
(a) United Kingdom, Ireland, other British Islands
11.: England and Wales
12.: Scotland
13.: Northern Ireland
14.: Ireland
15.: Isle of Man
16.: Jersey
(b) Convention XXXV States
17.: Austria
18.: Czech Republic
19.: Estonia
20.: Finland
21.: France
22.: Germany
23.: Switzerland
(c) Non-Convention XXXV States
24. : USA - Uniform Powers of Attorney Act and its effects.
25. : Australia NSW
26. : Australia Victoria
27. : Belgium
28. : Brazil
29. : Canada Alberta
30. : Canada British Columbia
31. : Canada Nova Scotia
32. : Canada Ontario
33. : Canada Saskatchewan
34. : China
35. : Croatia
36. : Denmark
37. : Greece
38. : Hong Kong
39. : Iceland
40. : Italy
41. : Japan
42. : Malta
43. : Netherlands
44. : New Zealand
45. : Norway
46. : Portugal
47. : Russia
48. : Singapore
49. : Spain
50. : Sweden
51. : Turkey
52. : USA California
Case Studies
53: Case Studies and Flow Charts to focus on providing solutions to legal issues/problem areas
Appendix 1: Questionnaire sent to correspondents
Appendix 2: Hague 35
Appendix 3: Status Chart for Hague 35 and Central/Competent Authorities
Appendix 4: Explanatory Report accompanying Hague 35
Appendix 5: Model Forms for use with Articles 7, 10, and 11 of Hague 35
Appendix 6: Model Form for use with Article 8 of Hague 35
Appendix 7: Model Form for use with Article 38 of Hague 35
Appendix 8: Recommendation No R (99) 4 of the Committee of Ministers to Member States on Principles Concerning the Legal Protection of Incapable Adults
Appendix 9: Recommendation CM/Rec(2009)11 of the Committee of Ministers to member states on principles concerning continuing powers of attorney and advance directives for incapacity
Appendix 10: Recommendation CM/Rec(2014)2 of the Committee of Ministers to member States on the promotion of human rights of older persons
Appendix 11: Preamble, Articles 1-5, 12 and 32 of the Convention on the Rights of Persons with Disabilities
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