Giving English Power of Attorney option to UK relative
Is it appropriate for an elderly person living in France to give an English Power of Attorney option to a relative in the UK?
Where an English or Welsh national has validly executed a Legal Power of Attorney (LPA) while habitually resident in England or Wales, the LPA is generally (but not obligatorily) accepted as valid in France, and its powers take effect in France.
Where the donor is an English or Welsh national habitually resident in France, then an LPA may be advisable for any assets held in the UK, as the UK banks/Land Registry will be familiar with the document, more so than if presented with a legally correct French equivalent, known as a Mandat de Protection Future (MPF).
If the donor habitually lives in France and owns assets in France, it would be appropriate to seek a Mandat de Protection Future, which could appoint their UK friend or relative as Attorney (Tuteur).
Where there are assets in both jurisdictions, it is practical to have an LPA for the UK assets and an MPF for the French assets.
Note that, if the LPA is being used in France, perhaps to sell the donor’s French property, France will need to ascertain the validity and effect of the LPA. The notaire or bank will ask for a certified translation with apostille, an affidavit of law from a solicitor explaining the LPA’s authority.
For reasons beyond the scope of a short answer, where the donor is Scottish and has granted a valid LPA or Scottish equivalent, the enforceability of it should be more straightforward by virtue of the relevant Hague Convention.
In general, it is simpler to have an LPA or equivalent in each jurisdiction where there are assets to administer – as long as the parties understand what the document is, how it works, and what their duties are.
Most people will stick with an LPA and later seek the complicated and expensive specialist help in order to demonstrate its validity.
Question answered by Barbara Heslop of Heslop & Platt answers a reader query
Tel: +44 (0)113 393 1930 - www.heslop-platt.co.uk contact@heslop-platt.co.uk
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