Q&As

Is it possible for a resident of Canada to execute a lasting power of attorney in respect of their financial affairs (ie bank accounts) in the UK? Does the power of attorney require any special execution formalities (such as being witnessed by a notary)? Does the appointed attorney need to be resident in the UK or can they also be a resident of Canada?

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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:

  • Is it possible for a resident of Canada to execute a lasting power of attorney in respect of their financial affairs (ie bank accounts) in the UK? Does the power of attorney require any special execution formalities (such as being witnessed by a notary)? Does the appointed attorney need to be resident in the UK or can they also be a resident of Canada?

In considering the issue of a person resident abroad executing a lasting power of attorney (LPA), regard should be had to the provisions of section 63 and Schedule 3 to the Mental Capacity Act 2005 (MCA 2005), which deal with the private international law applicable in relation to vulnerable adults. These provisions give effect to the Hague Convention.

See also Practice Note: International issues relating to the protection of vulnerable adults.

The Hague Convention considers ‘the need to provide for the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests’. The aim of the Hague Convention, as set out in Article 1(2), is to avoid conflicts between the legal systems when considering the applicable law and measures to be taken for the protection of such persons.

In accordance with the Hague Convention, MCA 2005, Sch 3 deals with the following matters:

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