We can advise about the cross-border issues that arise when someone has links to more than one jurisdiction. For example, they may be domiciled in England and own property in France. If such a person loses capacity questions arise as to firstly whether France would agree he had lost capacity and secondly what documentation would be required to satisfy the authorities in France that an English deputy had the power to deal with the property.
We can advise on:
- cross-border protective measures that can be taken for people who have lost capacity to manage their own affairs
- the use of powers of attorney from and in other countries
- recognition and enforcement of protective measures from and in other countries
Our team and approach
Many of our private client solicitors are specialists in issues affecting those who have lost the capacity to manage their affairs.
This may be in the case of persons who already lack capacity (which may require an application to the Court of Protection), or those who want to plan ahead and make a lasting power of attorney.
Our Court of Protection team has the specialist experience to take on complex problems in the area of capacity, including the issues that arise when more than one jurisdiction is involved.
Many of our lawyers are members of professional organisations such as the Society of Trust and Estate Practitioners (STEP), Solicitors for the Elderly, and the Association of Contentious Trusts and Probate Specialists (ACTAPS). Richard Frimston is the Law Society representative to the European Committee of the Union Internationale du Notariat (UIN) and is currently Chair of the STEP EU Committee and Co-Chair of the STEP Public Policy Committee.
We know that clients often instruct us at difficult times and these are sensitive matters. We understand the importance of giving clear, timely and practical advice.