The International Protection of Adults - Hardcover

Hardcover

ISBN 10: 0198727259 ISBN 13: 9780198727255

Publisher: Oxford University Press, 2015

Synopsis

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.

About this title

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.

Review:

"The authors and editors of this book have provided a text that must surely be regarded as the locus classicus of its subject in the English language. This book is an indispensable guide to this emerging area of law and is highly recommended." - Jonathan Fitchen, University of Aberdeen (International and Comparative Law Quarterly)

"The International Protection of Adults ... will be of use to anybody wanting a more in-depth analysis of a particular jurisdictions provisions for mental incapacity, as well as those who want detailed information about such cross-border issues as is covered by the provisions contained in Hague 35." - Laura Pritchard-Jones, Medical Law Review.

"Compliments must go to the authors for the excellent organisation of the work and for the concise, functional and practical approach to what are often very dense and thorny issues. This is a book aimed at helping the practitioner, but it is also an enriching one because of its 360 approach to the fascinating topic of adult protection, including its historical legal origins. This specialised book will no doubt become a core reference work for trust and estate practitioners and fills a significant existing void in the subject area." - Margaret O'Sullivan, Principal of O'Sullivan Estate Lawyers, Toronto

"As this is an expanding, as well as fascinating area of law, international lawyers, particularly those in private law, will no doubt regard this topical and timely book as an essential purchase." - Philip Taylor MBE & Elizabeth Taylor of Richmond Green Chambers

About this edition

• Publisher: Oxford University Press
• Publication date: 2015
• ISBN 10: 0198727259
• ISBN 13: 9780198727255
• Binding: Hardcover
• Number of pages: 896
• Editor: Frimston Richard, Ruck Keene Alexander, Van Overdijk Claire, Ward MBE Adrian