In this article, Richard Frimston discusses incapacity issues across borders, with reference to the Hague Convention 2000, which has been ratified in Scotland, but not yet in England and Wales. Although not ratified, the convention is in effect in force internally in the courts in England and Wales, but there are no mechanisms in place to assist at an administrative level with its implementation, which causes problems in the UK. This article first appeared in issue 3 of Elder Law Journal 2011.

Cross border incapacity - will England and Wales find the tin opener - Elder Law Journal 2011.pdf