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Later life travel and mental incapacity

The Court of Protection has decided (AB and XS [2021] EWCOP 57) that an elderly woman suffering from dementia should not be returned from Lebanon to the UK even though she had gone there temporarily to visit her brother. She had now been in Lebanon some seven years and the Court determined that her degree of integration there was determinative. It was in her best interests to stay there now.

A salutary reminder to cross- border clients to carefully express their clear wishes as where they wanted to live permanently at the end of their lives especially if they are unable to express those wishes at the critical time.