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Vol 21 No 10 Oct/Nov 2016

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International Protection of Adults

Edited by: Richard Frimston, Alexander Ruck Ruck-Keene, Claire van Overdijk, Adrian Ward

ISBN13: 9780198727255
Published: March 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £175.00



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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.

Subjects:
Conflict of Laws, Mental Health Law, Wills and Probate
Contents:
OVERVIEW CHAPTERS
1. 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 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