International Protection of Adults
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.
- Provides the only comprehensive analysis of the key issues in relation to mental capacity in 52 jurisdictions, delivered by renowned experts in the field
- Contains full details of the practical issues involved in advising in cases involving Convention XXXV
- Analyses legal and practical issues such as those facing a granter who wishes to make a power of attorney that will be effective outside the jurisdiction of habitual residence and then compares them by jurisdiction
- Covers issues involved in cross-border cases, such as when assets are held in different jurisdictions
|Publisher:||Oxford University Press|
|Author(s)||Frimston, R and Ward, A|