International Court of Protection matters

International Court of Protection solicitors

Navigating the complexities of international Court of Protection matters can be overwhelming, especially when safeguarding the welfare and assets of vulnerable individuals across borders.

Key Services for international Court of Protection matters

At Anthony Gold Solicitors, we provide a comprehensive range of international Court of Protection services, tailored to meet the unique needs of our clients.

Where an individual loses mental capacity to manage their property and affairs following an injury, the question of who helps support the management of that individual’s compensation into the future and whether funds should be moved back to their native country post injury, can become a matter of fierce debate. That was certainly the case in the matter of Potter Rees Dolan Trust Corporation Limited as Deputy for ML vs WL and ML by his litigation friend the OS [2023] EWCOP19.

Whether you’re managing cross-border assets, coordinating protective measures, or navigating complex legal systems, we offer the expertise and support you need.

Expert guidance for litigators with international claims

Litigators working on personal injury or clinical negligence claims often face added complexities when clients relocate to England and Wales after an incident abroad. Our team provides strategic advice to ensure that damages claims are handled efficiently, while safeguarding the client’s interests under the Court of Protection framework.

Accessing & managing overseas assets

From property to financial holdings, managing assets located abroad requires a precise understanding of local and international legal processes. We assist with gaining access to and effectively administering these assets, ensuring compliance with all relevant laws and protecting the financial security of the individual.

Establishing protective schemes across borders

When safeguarding a vulnerable person’s welfare and assets involves multiple jurisdictions, local protective measures are often necessary. We help establish and coordinate schemes such as curatorships, guardianships, and support administrators abroad, working seamlessly alongside UK-based interventions to ensure holistic protection.

Recognition of foreign protective measures in England & Wales

Foreign protective measures like guardianships or curatorships may need to be recognised under UK law for effective implementation. We guide clients through this process, using the provisions of the Mental Capacity Act 2005 and our expertise in cross-border legal collaboration.

Validating UK Court of Protection orders overseas

If you need a UK Court of Protection order or Power of Attorney to be validated in another country, we can help. Our team liaises with foreign legal authorities to ensure proper recognition and enforcement, making international legal processes as smooth as possible.

Why choose Anthony Gold Solicitors in international Court of Protection matters?

Choosing the right legal partner for international Court of Protection matters can make all the difference. At Anthony Gold Solicitors, we combine extensive experience, a client-focused approach, and a proven track record to deliver exceptional results in even the most complex cross-border cases.

Specialist expertise in international Court of Protection matters

Our team specialises in navigating the intricate legal systems of multiple jurisdictions. From high-value asset management to safeguarding vulnerable individuals, we have the knowledge and experience to address every challenge with confidence.

A global reach with local understanding

We collaborate with legal professionals and authorities worldwide, ensuring seamless cooperation in countries including:

  • China
  • Hong Kong
  • The Middle East
  • Poland
  • Switzerland
  • Italy
  • Jersey
  • Australia

This international network allows us to provide tailored advice that respects both UK law and local legal requirements.

Proven results in complex cases

Anthony Gold Solicitors is consistently recognised as a leader in Court of Protection matters by legal directories such as Legal 500 and Chambers and Partners. Our team is praised for its dedication, diligence, and innovative approach to securing the best outcomes for our clients.

A commitment to client care

We understand that navigating international Court of Protection cases can be overwhelming. Our compassionate approach ensures that every client receives personalised support, practical guidance, and clear communication at every stage.

Navigating cross-border protection measures

International Court of Protection matters often involve navigating multiple legal frameworks, each with its own set of rules and procedures. Understanding the relevant legal context is key to ensuring smooth and effective outcomes for individuals and families managing cross-border issues. At Anthony Gold Solicitors, we simplify these complexities and provide clear, practical solutions.

The Hague Convention on the international protection of adults

The Hague Convention aims to address the growing challenges of cross-border legal protection for vulnerable adults. It provides a framework for collaboration between countries to recognise and enforce protective measures, such as guardianships or powers of attorney, across borders.

While the Hague Convention has not yet been ratified in England and Wales, certain aspects are incorporated into UK law under the Mental Capacity Act 2005 (Schedule 3). This allows:

  • Provision of a framework for the recognition of foreign protective measures.
  • Collaboration with other jurisdictions to establish complementary protections.
  • A pathway to validate UK Court of Protection orders internationally, where countries have compatible frameworks.

How the Mental Capacity Act 2005 supports cross-border cases

The Mental Capacity Act 2005 is the cornerstone of legal protection for individuals lacking capacity in England and Wales. Schedule 3 of the Act enables the recognition and enforcement of foreign protective measures, provided they meet the necessary legal criteria. It also offers a legal basis for cooperation with countries that are not signatories to the Hague Convention.

Why this matters for you

Whether you are dealing with assets abroad, seeking recognition of a foreign legal order, or navigating the complexities of different legal systems, this framework ensures that vulnerable individuals receive the protection they need across borders. Our team of solicitors expertly leverages these legal tools to provide tailored advice for your specific circumstances.

Words from our clients

The team at Anthony Gold cannot be praised highly enough. Professional, considerate, empathetic and courteous at all times, they are a pleasure to deal with despite sometimes challenging personal circumstances. Highly recommended.

Patrick Folkes

Anthony Gold Solicitor’s legal team are excellent. They are very professional, hard working, attention to details, very organised, well prepared for the case. They are also very courteous and try to help us achieve our objectives.

Kui Tham

It is a great experience with Emma Tante who is helping with building Terry’s care team and involving a case manager to achieve that. Emma Tante is always professional and helpful using their expertise.

Jinlei Wang

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International Court of Protection: FAQs

How does the Court of Protection handle cross-border cases?

The Court of Protection manages cross-border cases by applying UK laws like the Mental Capacity Act 2005 and collaborating with foreign legal systems. It can recognise foreign protective measures and resolve jurisdictional issues to safeguard vulnerable individuals effectively.

Can a foreign guardianship order be recognised in England and Wales?

Yes, the Court of Protection can recognise foreign guardianship orders under the Mental Capacity Act 2005 if they align with UK legal principles. We can guide you through the process to ensure smooth recognition.

How can I validate a UK Court of Protection order in another country?

Validation depends on the legal framework of the country involved. Where international agreements exist, the process may be simpler; otherwise, local procedures must be followed. We work with foreign legal experts to ensure orders are validated.

What is the role of the Mental Capacity Act 2005 in international cases?

The Mental Capacity Act 2005 underpins the Court of Protection’s work, including recognising foreign protective measures and collaborating internationally to protect vulnerable individuals within a consistent legal framework.

What happens if there is a conflict between UK and foreign laws in a Court of Protection case?

When conflicts arise, the Court prioritises UK laws and the best interests of the individual. It works with foreign authorities to resolve disputes while ensuring adequate protection for the person involved.