In an increasingly globalised world, managing assets and safeguarding the well-being of vulnerable individuals across international borders, is paramount.

Navigating international Court of Protection complexities

We can help navigate the international elements of a foreign country’s legal system and have experience of cross-border collaboration, in a range of complex Court of Protection matters. This includes:

• providing advice to litigators pursuing damages claims in other jurisdictions, for clients that have relocated to England and Wales following their accident;
• accessing and managing assets located in other jurisdictions;
• setting up complementary protective schemes aboard (e.g., Curatorships, Guardianships, Support Administrators) and managing those alongside Court of Protection intervention in the UK;
• assisting with the recognition of foreign protective measures in England and Wales;
• supporting the recognition of a Court of Protection order or Power of Attorney, abroad.

Our specialist international COP team

At Anthony Gold Solicitors LLP, we have a dedicated team focusing on the international protection of individuals lacking mental capacity. We advise high-net-worth UK-based clients with global portfolios, and we expertly implement supportive measures for the management of assets for clients residing abroad.

We are currently supporting clients or actively collaborating with comparable regimes in the Republic of China; Hong Kong; the Middle East; Poland, Switzerland; Italy; Jersey and Australia, amongst others.

The Hague Convention

The Hague Convention on the International Protection of Adults attempted to solve some of the cross-border complexities created by the increased movement of people between countries, and the trend towards acquiring assets abroad.

Although the Hague Convention has not yet been ratified in England and Wales, the Mental Capacity Act 2005 (Schedule 3) gives effect to parts of the Convention, to promote collaboration between countries, whilst seeking to streamline the legal position for the mutual recognition of certain protective measures in different jurisdictions.

More information

Read Court of Protection Partner Emma Tante’s article about Conservatorship.

Watch Partner Alexandra Knipe on GB News ‘This Week’ show speaking on the Britney Spears Conservatorship case:

Read Alexandra and Emma’s article on Cross-border management of PI awards.

If you wish to discuss further, please contact us on 020 7940 4060 or at alk@anthonygold.co.uk.