‘Mental Capacity Law in England and Wales: Recognition and Enforcement of Protective Measures and Private Mandates’ by Holly Chantler

Description

‘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 jurisdictions 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.

ABOUT THE AUTHOR

Holly Chantler is an award winning internationally recognised mental capacity solicitor. She advises on complex property and affairs and health and welfare matters, frequently involving safeguarding concerns, disputed capacity, high‑value estates and cross‑border issues. Holly is a founding director of the Professional Deputies Forum and a director of The Association of Lifetime Lawyers and works regularly with government stakeholders to help shape both practice and policy in this field.

Holly is the author of ‘A Practical Guide to Assessing Mental Capacity’ and ‘A Practical Guide to the Court of Protection’ and a contributing author to the Law Society’s ‘Elderly Client Handbook’ and ‘Finance & Law for the Older Client’ (LexisNexis). She lectures extensively nationally and internationally and is a regular commentator on capacity and safeguarding issues. Her work has been recognised through independent rankings and national awards. This book builds on her practical experience of advising in complex domestic and international capacity cases, and her long‑standing focus on translating difficult law into clear, usable guidance for practitioners.

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 – Precedent Order Appointing a Property and Affairs Deputy
Appendix E – Precedent Additional Authority Clauses for a Property and Affairs Deputyship Order
Appendix F – Precedent Order Authorising a Deputy to Deal With Assets Abroad
Appendix G – Precedent Order Authorising the Deputy to Transfer P’s Property to a Foreign Appointed Representative and Discharging the Deputy
Appendix H – Re UR [2021] EWCOP 10