Validation of Foreign Powers of Attorney
A Power of Attorney can be essential when managing the affairs of a loved one without the mental capacity to make important decisions about their health, welfare or finances. However, if the Power of Attorney was created in another jurisdiction (i.e. outside England and Wales) it may not automatically be accepted by people and organisations you need to deal with in this jurisdiction.
To ensure you are able to act effectively on behalf of the person who created the Power of Attorney (the ‘donor’), it is usually necessary to have a foreign Power of Attorney validated for use in England and Wales. This involves applying to the Court of Protection for official confirmation that the Power of Attorney is considered valid under English law.
Our Court of Protection solicitors have extensive experience validating foreign Powers of Attorney. We can guide you through the entire process of applying to the Court of Protection to establish whether a Power of Attorney is applicable in England and Wales, giving you confidence that you will be able to act effectively for the donor.
We can also offer expert advice for any legal issues you need to deal with in England and Wales under a foreign Power of Attorney, such as selling property and dealing with other assets.
Our in-house Notary Public, Paul O’Flynn, can also assist with authenticating a Power of Attorney created in England or Wales for use in other jurisdictions.
For initial advice from our Court of Protection solicitors on dealing with a foreign Power of Attorney, we offer a 30-minute consultation for a fixed fee of £95 + VAT or an hour at £150 plus VAT.
Speak to one of our Court of Protection solicitors now by calling 0800 158 4147 or request a call back and a member of our team will be in touch promptly.
Are foreign Powers of Attorney valid in England and Wales?
The general principle is that a Power of Attorney made in a foreign jurisdiction will normally be considered valid under English law if both of the following apply:
- It has a similar effect to a Power of Attorney made under English law.
- It is valid in the jurisdiction where the donor habitually lives.
However, there can be various factors that will affect whether you are able to use a foreign Power of Attorney in England and Wales and you will need to take the right legal steps to make sure you are able to act effectively. It is therefore important to take expert legal advice before attempting to rely on a Power of Attorney created in a foreign jurisdiction.
Why choose Tayntons for help validating a foreign Power of Attorney?
Tayntons’ Court of Protection lawyers regularly advise clients on foreign Powers of Attorney in Gloucester and throughout Gloucestershire, including Cheltenham and the Forest of Dean, as well as covering the rest of England and Wales.
Our team include several members of the Society of Trust and Estate Practitioners (STEP), and Solicitors for the Elderly reflecting our expertise in these matters. We can also offer the services of our in-house Notary Public if you need to have a Lasting Power of Attorney created in England or Wales recognised in a foreign jurisdiction.
Tayntons is Lexcel accredited by the Law Society for our excellent practice management and client care and we are independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our Court of Protection solicitors in Gloucester
Need validating a foreign Power of Attorney in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire or anywhere in the UK?