This chapter begins by evaluating the existing legal framework of supported decision-making and enduring powers of attorney in Ireland. It examines in detail the definition and assessment of mental incapacity, as well as operational aspects of the enduring power such as: the registration procedure, scope of authority; safeguard measures; and assistance in the decision-making process. It then introduces the reform of this area of law that will be brought about by the domestic ratification of the UN Convention on the Rights of Persons with Disabilities – the Assisted Decision-Making (Capacity) Act 2015 (ADMA). The Act puts in place a new legal framework for supported decision-making, statutory expression of a functional approach to capacity, a broader scope of power of attorney, reporting obligations on the attorney and a complaints mechanism in respect of the creation and operation of enduring powers. Although these legislative innovations may theoretically protect persons with cognitive impairments, only a small number of them have commenced operation. There are concerns as to when the entire ADMA will be fully implemented. In the meantime, Ireland may have to rely on similar principles to those set out in the CRPD, which principles are being developed within its existing legislation and case law.

Individuals with cognitive impairment, whether inborn or acquired as a result of illness or accident, depend on others to manage the financial assets available for their benefit. This chapter examines the latest developments in enduring powers of attorney and special needs trusts (SNT) in Hong Kong as vehicles for financial planning for such individuals. It first examines whether the proposed reform of the enduring power of attorney will bring Hong Kong law in line with other developed jurisdictions, before outlining the advocacy efforts that led to the Hong Kong Government’s decision to launch a territory-wide special needs trust for the benefit of individuals with cognitive impairment. Finally, it examines the challenges in designing the operational framework of such a trust.

This chapter evaluates the operation of Midwest Special Needs Trust (MSNT), an organisation created to establish and administer special needs trusts. A special needs trust is used as a fiduciary tool to serve persons with disabilities so that their assets do not affect the eligibility of means-tested social benefits. It starts with an account of the history of MSNT, and then examines the specific definitions and requirements of MSNT trust accounts, the roles and responsibilities of the Trustee and co-trustees, and the merits of MSNT. This chapter also considers important aspects of the administration of MSNT, such as the establishment and termination of trust accounts, staffing, fees and expenses, data management, and investment policy. Real-life cases are discussed throughout to show how MSNT helps to improve the quality of life of the disabled. This chapter concludes with thoughts on the future development of special needs trusts, including MSNT service enhancements and other financial tools, to assist the population with disabilities.

This chapter examines adult guardianship and powers of attorney in England and Wales today. Section I considers the origin of modern adult guardianship law in Roman law and traces its development in English common law through to the current legal and institutional infrastructure of mental capacity jurisdiction. It then introduces the procedures of appointing a deputy, and evaluates the safeguards provided by the Office of the Public Guardian. Section II focuses on the policy considerations underpinning the legislation on enduring and lasting powers of attorney, the development of policy and legislation over the past 35 years, and potential developments in the foreseeable future. The author also compares deputyship with attorneyship, and explains the advantages of the former over lasting powers of attorney.