The International Protection of Adults

by Frimston, Richard; Ruck Keene, Alexander; van Overdijk, Claire; Ward MBE, Adrian

• ISBN13: 9780198727255
• ISBN10: 0198727259
• Format: Hardcover
• Copyright: 2015-05-26
• Publisher: Oxford University Press

Author Biography

Richard Frimston, Partner, Russell Cooke,Alexander Ruck Keene, Barrister, 39 Essex Street,Claire van Overdijk, Barrister, No. 5 Chambers,Adrian Ward MBE, Partner, TC Young

Richard Frimston is a Partner and Head of the Private Client Group at Russell Cooke and advises clients in relation to their wills, probate and tax planning issues and offers Notary Public services. His areas of expertise include 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 the Law Society representative to the European Committee of the Union Internationale du Notariat and is currently Chair of the EU STEP Committee and co-Chair of the STEP Public Policy Committee.

Alexander Ruck Keene is a barrister at 39 Essex Street, 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 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 senior partner of Messrs TC Young Turnbull & Ward and has been Convener of the Mental Health and Disability Committee of the Law Society of Scotland since 1989. He was awarded MBE for services to the mentally handicapped in Scotland (1992).

Claire van Overdijk is a barrister at No. 5 Chambers and was called in 2003. She specialises in both the health and welfare and property and affairs jurisdictions of the Court of Protection, as well as the Court's international jurisdiction and cross-border capacity disputes.

Table of Contents

Overview Chapters
1.NBNBNBNBNBNB NB. Fundamental Definitions
2.NBNBNBNBNBNB NB. Overview: Key concepts in Private International Law
3.NBNBNBNBNBNB NB. The Civil Law and the Common Law approaches to the protection of adults
4.NBNBNBNBNBNB NB. Property and Affairs aspects of the international protection of adults
5.NBNBNBNBNBNB NB. Health and Welfare aspects of the international protection of adults
6.NBNBNBNBNBNB NB. The cross-border protection of adults: non-Hague 35 States
Part II: The cross-border protection of adults: Hague 35
7.NBNBNBNBNBNB NB. Hague 35: Introduction and background
8.NBNBNBNBNBNB NB. Hague 35: Overview and Protective Measures
9.NBNBNBNBNBNB NB. Hague 35: Private Mandates and Other Anticipatory Measures
10.NBNB NB. Hague 35: An Assessment and the Future
Existing law in various jurisdictions
(a) United Kingdom, Ireland, other British Islands
11.NBNB NB. England and Wales
12.NBNB NB. Scotland
13.NBNB NB. Northern Ireland
14.NBNB NB. Ireland
15.NBNB NB. Isle of Man
16.NBNB NB. Jersey
(b) Convention XXXV States
17.NBNB NB. Austria
18.NBNB NB. Czech Republic
19.NBNB NB. Estonia
20.NBNB NB. Finland
21.NBNB NB. France
22.NBNB NB. Germany
23.NBNB NB. Switzerland
(c) Non-Convention XXXV States
24.NB NB. USA - Uniform Powers of Attorney Act and its effects.
25.NBNBNBNBNBNBNB NB. Australia NSW
26.NBNBNBNBNBNBNB NB. Australia Victoria
27.NBNBNBNBNBNBNB NB. Belgium
28.NBNBNBNBNBNBNB NB. Brazil
29.NBNBNBNBNBNBNB NB. Canada Alberta
30.NBNBNBNBNBNBNB NB. Canada British Columbia
31.NBNBNBNBNBNBNB NB. Canada Nova Scotia
32.NBNBNBNBNBNBNB NB. Canada Ontario
33.NBNBNBNBNBNBNB NB. Canada Saskatchewan
34.NBNBNBNBNBNBNB NB. China
35.NBNBNBNBNBNBNB NB. Croatia
36.NBNBNBNBNBNBNB NB. Denmark
37.NBNBNBNBNBNBNB NB. Greece
38.NBNBNBNBNBNBNB NB. Hong Kong
39.NBNBNBNBNBNBNB NB. Iceland
40.NBNBNBNBNBNBNB NB. Italy
41.NBNBNBNBNBNBNB NB. Japan
42.NBNBNBNBNBNBNB NB. Malta
43.NBNBNBNBNBNBNB NB. Netherlands
44.NBNBNBNBNBNBNB NB. New Zealand
45.NBNBNBNBNBNBNB NB. Norway
46.NBNBNBNBNBNBNBNBNBNBNB NB. Portugal
47.NBNBNBNBNBNBNBNBNBNBNB NB. Russia
48.NBNBNBNBNBNBNBNBNBNBNB NB. Singapore
49.NBNBNBNBNBNBNBNBNBNBNB NB. Spain
50.NBNBNBNBNBNBNBNBNBNBNB NB. Sweden
51.NBNBNBNBNBNBNBNBNBNBNB NB. Turkey
52.NBNBNBNBNBNBNBNBNBNBNB NB. 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