The Law Society of Scotland and the Law Society of England and Wales have jointly developed an information note which sheds light on some of the cross border issues around adults with incapacity law.

The note, which is the first of its kind in the UK, provides clarity on the core provisions relating to mental capacity and incapacity law in both jurisdictions, the key differences between the two and key considerations relating to cross-border issues.

Claire Currie, member of the Law Society of Scotland’s Mental Health and Disability Committee, said: “Given the physical proximity of the legal jurisdictions north and south of the border, solicitors often advise clients who move between the two or have properties in both.

“Yet legislation relating to mental incapacity in Scotland is quite different to the mental capacity legislation which operates in England and Wales. So it is in the public interest to support legal professionals in identifying situations when their clients would be better served by a solicitor colleague with expertise in the law of the other jurisdiction. This is an important piece of work which demonstrates the collaborative spirit of solicitors across the UK for the benefit of the clients they serve.”

Caroline Bielanska, member of the Law Society of England and Wales’ Mental Health and Disability Law Committee, said: “This new guidance provides vital information for solicitors who have clients who are moving between England and Wales and Scotland or have assets in those jurisdictions. It contains a practical overview of the way in which capacity law applies in each jurisdiction and will help advisers both sides of the border to navigate what is a complex and specialist area of law.”

Read the note in full