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Cross-border mental capacity—gifts and lasting powers of attorney (Representation of Mr A (Capacity))

Cross-border mental capacity—gifts and lasting powers of attorney (Representation of Mr A (Capacity))
Published on: 23 December 2019
Published by: LexisPSL
  • Cross-border mental capacity—gifts and lasting powers of attorney (Representation of Mr A (Capacity))
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private client analysis: The Royal Court of Jersey decided that it was able to hear an application by an attorney, appointed by an English registered lasting power of attorney (LPA), seeking authorisation to make gifts on behalf of the incapacitated donor who was resident in another jurisdiction. The rationale being that the assets to be gifted were located in Jersey and the English LPA (having been registered in the Royal Court of Jersey) had effect as if it were a Jersey LPA created under and subject to Jersey legislation. The Royal Court declined to authorise the gifts in this case but set out useful guidance as to best interests decision making and gifting on behalf of incapacitated adults. Written by Donna Withers, head of probate and wills at Bedell Cristin. or take a trial to read the full analysis.

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