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Mental Capacity Law in England and Wales: Recognition and Enforcement of Protective Measures and Private Mandates


ISBN13: 9781918241327
To be Published: June 2026
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: £59.99





Mental Capacity Law in England and Wales: Recognition and Enforcement of Protective Measures and Private Mandates is an essential, practice‑focused guide for lawyers navigating the increasingly complex world of cross‑border adult incapacity. As families, assets and care arrangements increasingly have links to multiple jurisdictions, advisers are more frequently asked to deal with questions of jurisdiction, recognition of foreign orders and private mandates (often a power of attorney) and the use of English orders and powers of attorney abroad. This book provides a clear and authoritative roadmap through those challenges, cutting through uncertainty to explain what practitioners can – and cannot – do.

Considering and applying the relevant legal framework, the book offers detailed yet accessible guidance. Complex legal principles are translated into practical steps, supported by judicial checklists, worked examples and real‑world case studies drawn from recent authority.

Designed for busy private client and Court of Protection practitioners, this is a book to be used at the point of need. Whether advising where an adult has moved abroad, holds assets in different jurisdications or is the subject of competing proceedings in different countries, readers will gain the confidence to assess risk, anticipate procedural pitfalls and make informed strategic decisions. Clear, pragmatic and authoritative, this title will quickly become an indispensable reference for anyone dealing with cross‑border mental capacity issues.

Subjects:
Mental Health Law
Contents:
Chapter One – Introduction
Chapter Two – Protective Measures
Chapter Three – Private Mandates
Chapter Four – Alternative Options
Chapter Five – Where P Has Assets Abroad or Moves Abroad
Chapter Six – Case Studies

Appendix A – Checklist
Appendix B – Practice Direction 23A
Appendix C – Practice Direction 9H
Appendix D – Order Appointing a Deputy for Property and Affairs
Appendix E – Authority of Deputy/ies
Appendix F – Mental Capacity Act 2005 Order
Appendix G – Mental Capacity Act 2005 Order
Appendix H – Declaration Pursuant to Section 15