Various applications concerning foreign representative powers, Re [2019 EWCOP 52

​​These 5 applications were asking the court to make orders to give effect in England and Wales to representative powers originating in a foreign jurisdiction.

The first application concerned a power of representation held by the Public Guardian and Trustee of British Colombia by virtue of a Certificate of Incapability. The other four cases concerned private mandates of various types. To determine the applications, it was necessary to consider what constitutes a ‘protective measure’ for the purposes of the recognition provisions of Schedule 3 of the Mental Capacity Act 2005.

In all but one of the applications the court ruled that the powers under consideration did not constitute a 'protective measure'.

Read the full text of the judgment on Bailii