Q&As

Can a UK bank refuse to recognise a foreign power of attorney and in that case, an application to court must be made to get a declaration that the power of attorney is valid?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 04/04/2019

The following Private Client Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • Can a UK bank refuse to recognise a foreign power of attorney and in that case, an application to court must be made to get a declaration that the power of attorney is valid?

The position regarding the recognition of foreign lasting powers of attorney (LPA) in the UK is summarised in Practice Note: International issues relating to the protection of vulnerable adults.

We suggest you start by reading this Practice Note, in particular the section on ‘International issues relating to the protection of vulnerable adults—Enduring and Lasting Powers of Attorney’ and section 63 and Schedule 3 to the Mental Capacity Act 2005 (MCA 2005). You should then read the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, r 23.1 and Practice Direction 23A—International protection of adults (PD 23A) which both relate to the international protection of vulnerable adults.

You will see from the above Practice Note that a foreign lasting power is automatically effective in England and Wales providing it satisf

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