Convention on the International Protection of Adults and Mental Capacity

Ministry of Justice written question – answered am ar 3 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Lloyd Russell-Moyle Lloyd Russell-Moyle Labour/Co-operative, Brighton, Kemptown

To ask the Secretary of State for Justice, whether his Department is taking steps to support people who have lasting power of attorney for an individual who has been assessed as lacking mental capacity with accessing funds held outside the UK; and if he will take steps to ratify the Hague Convention of 13 January 2000 on the International Protection of Adults.

Photo of Mike Freer Mike Freer Assistant Whip, The Parliamentary Under-Secretary of State for Justice

There are existing ways in which a Property and Financial Affairs Lasting Power of Attorney (LPA) made in England and Wales under the Mental Capacity Act 2005 can be accepted abroad for the purpose of accessing funds. A certified copy of the LPA, signed off by a notary public with an apostille (a special sealed certificate) attached by the Foreign and Commonwealth Office provides one method. Alternatively, a translation of the LPA can be formally recognised by the appropriate court of the country in which funds are held.

Although the UK has ratified the 2000 Hague Convention on the International Protection of Adults in respect of Scotland, we have not yet done so in relation to England and Wales or Northern Ireland. However, in respect of England and Wales, the majority of its provisions are contained in Schedule 3 of the Mental Capacity Act (MCA) 2005. Schedule 3 provides a framework for recognition and enforcement of ‘protective measures’ such as LPAs in the place of an individual’s habitual residence.

We recognise the importance of ratifying the 2000 Hague Convention, as this will bring about international co‐operation to deal with the affairs of individuals across member states. We will progress this work when legislative time allows.

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