While English law recognizes foreign powers of attorney, a U.S. power of attorney may not be automatically accepted in the United Kingdom, and additional measures, such as notarial certification and an apostille, may be needed to make it enforceable. In this second article, we analyze whether lawyers can use English LPAs to manage assets located in other jurisdictions. It is normal practice to authorize special powers of attorney abroad by signing a power of attorney.
If the document is signed for use abroad, it must be notarized by a notary public so that be accepted. This is a service that we offer. A foreign power of attorney or similar protective measure will be recognized in England and Wales in accordance with Annex 3 of the MCA if it was valid under the law of the country in which the donor usually resides. UK lawyer: Powers of attorney created in the UK must be professionally translated, certified by a notary and validated by the FCO.
However, if the donor has assets in a foreign jurisdiction, it's important to remember that an LPA in English may not be accepted. In general, an English LPA is not automatically valid abroad and, therefore, special attention must be paid to the legal requirements of the country in which the foreign assets are located when drafting the LPA and some precautions can be taken in advance. It is possible to request the Court of Protection, pursuant to paragraphs 20 and 22 of Annex 3, to declare whether the foreign power is to be recognized and enforceable in England and Wales. In addition, if a UK power of attorney is to be used abroad, it may be necessary to translate it and have it approved by the Foreign and Commonwealth Office (FCO) for validation in the foreign jurisdiction. People who are unable to sign essential documents in person must delegate international powers of attorney to someone else.
If a disability occurs, your lawyer must provide a copy of the Advance Care Directive to the Swiss adult protection authorities, who will verify that all requirements are met and will provide your lawyer with a formal document stating your powers. People who live in one country but have interests (for example, property or bank accounts) in another country may need to request a power of attorney for their representatives abroad. A power of attorney is a legal document that you sign that authorizes another person (or possibly several people) to act on your behalf. Professionals in the field of private clients will undoubtedly be familiar with English permanent powers of attorney (LPA) and with the importance of clients authorizing one or more people to make decisions on their behalf in the event of incapacity. Ordinary powers of attorney can be established with relatively few steps and are effective at the time of signing.
These can be established to appoint attorneys to deal with decisions related to medical procedures once you no longer have the ability to do so yourself. In the case of POAs in the area of healthcare, the general practice is less strict: since the English healthcare law has a similar form to that of the Swiss decree on patients, it is likely that medical professionals in Switzerland will recognize it as valid without judicial intervention. These requests can take a long time in circumstances where attorneys must make decisions or action promptly. In some countries, such as Romania, the power of attorney document must be translated into that country's official language.
