Incapacity planning under Swiss law in cross-border contexts

Abstract Incapacity planning in cross-border cases involves navigating non-harmonized legal frameworks. This analysis centers on the recognition and enforcement of ‘powers of representation’ under and outside the scope of the 2000 Hague Convention on the International Protection of Adults (2000 HCCH) in cross-border situations. A case study illustrates the complexities encountered when Swiss incapacity planning needs to be internationalized, particularly in relation to a non-contracting state, such as the United States.