International Protection of Adults by Richard FrimstonInternational Protection of Adults by Richard Frimston

International Protection of Adults

EditorRichard Frimston, Alexander Ruck Keene, Claire van Overdijk

Hardcover | April 26, 2015

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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 orconnections 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 ofother 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.
Richard Frimston is a Partner and Head of the Private Client Group at Russell Cooke and advises clients in relation to their wills, probate and tax planning issues and offers Notary Public services. His areas of expertise include cross-border estates and international private law issues. Richard is a member of the British Institute of ...
Title:International Protection of AdultsFormat:HardcoverDimensions:832 pages, 9.69 × 6.73 × 0.03 inPublished:April 26, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198727259

ISBN - 13:9780198727255

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Table of Contents

Overview Chapters1. Fundamental Definitions2. Overview: Key concepts in Private International Law3. The Civil Law and the Common Law approaches to the protection of adults4. Property and Affairs aspects of the international protection of adults5. Health and Welfare aspects of the international protection of adults6. The cross-border protection of adults: non-Hague 35 35 StatesPart II: The cross-border protection of adults: Hague 357. Hague 35: Introduction and background8. Hague 35: Overview and Protective Measures9. Hague 35: Private Mandates and Other Anticipatory Measures10. Hague 35: An Assessment and the Future Existing law in various jurisdictions(a) United Kingdom, Ireland, other British Islands11. England and Wales12. Scotland13. Northern Ireland14. Ireland15. Isle of Man16. Jersey(b) Convention XXXV States17. Austria18. Czech Republic19. Estonia20. Finland21. France22. Germany23. Switzerland(c) Non-Convention XXXV States24 . USA - Uniform Powers of Attorney Act and its effects.25. Australia NSW26. Australia Victoria27 . Belgium28 . Brazil29 . Canada Alberta30. Canada British Columbia31. Canada Nova Scotia32. Canada Ontario33. Canada Saskatchewan34. China35. Croatia36. Denmark37 . Greece38 . Hong Kong39 . Iceland40 . Italy41 . Japan42. Malta43. Netherlands44 . New Zealand45 . Norway46 . Portugal47 . Russia48 . Singapore49 . Spain50 . Sweden51 . Turkey52 . USA CaliforniaCase Studies53. Case Studies and Flow Charts to focus on providing solutions to legal issues/problem areasAppendix 1: Questionnaire sent to correspondentsAppendix 2: Hague 35Appendix 3: Status Chart for Hague 35 and Central/Competent AuthoritiesAppendix 4: Explanatory Report accompanying Hague 35Appendix 5: Model Forms for use with Articles 7, 10, and 11 of Hague 35Appendix 6: Model Form for use with Article 8 of Hague 35Appendix 7: Model Form for use with Article 38 of Hague 35Appendix 8: Recommendation No R (99) 4 of the Committee of Ministers to Member States on Principles Concerning the Legal Protection of Incapable AdultsAppendix 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 incapacityAppendix 10: Recommendation CM/Rec(2014)2 of the Committee of Ministers to member States on the promotion of human rights of older personsAppendix 11: Preamble, Articles 1-5, 12 and 32 of the Convention on the Rights of Persons with Disabilities