What happened
A recent case looked at the Court of Protection's jurisdiction if the incapacitated person (P) lives abroad.
The case was quite fact specific and centred on the progress or otherwise made in the personal injury claim by P's mother. That got a little more complicated though when the mother asserted that P had moved to Italy.
The Court found that there wasn't sufficient evidence that P had actually moved to Italy but more importantly for our purposes, reminded us that if P has property in England and Wales, the Court of Protection has jurisdiction anyway. On that basis the Court was able to make a decision about P's Deputyship even if P had moved.
Comment
It is important to remember that even if somebody lives abroad, the Court of Protection has jurisdiction over their property in this country. Property can include a personal injury claim as well as cash, investments and buildings. In some cases the Court of Protection will agree that it is appropriate for a different jurisdiction to look after P's affairs if they are going to live there. However, in my experience that very much depends on the robustness of that other jurisdiction's mental capacity law. We have been involved in a number of cases where P has moved, typically back to their original country of residence, but where the Court of Protection in England and Wales continues to appoint a Deputy here because the structures available to manage the affairs of P in their home country are not of a standard the Court of Protection would consider acceptable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
