Where an overseas client has lost capacity to deal with their affairs and they had the foresight to set up a lasting or enduring power of attorney in the jurisdiction where they are domiciled (Foreign LPA) prior to their loss of capacity, the Foreign LPA may be used by Guernsey-based service providers to enable them to assist with managing their affairs with the security that they are dealing with the correct person (where their actual client is unable to attend to their affairs themselves).
Before the Foreign LPA can be relied upon in Guernsey, it must be registered in the Guernsey courts. Once this is done, any Foreign LPA which has been granted in another jurisdiction may be used by local service providers on the island for non-resident clients.
The Foreign LPA must be activated and registered in the jurisdiction where it has originated before it can be registered in Guernsey. Usually this registration will only happen after a loss of capacity of the person who made the LPA.
In practice, this may mean that there is a slight delay in accessing funds which are based in Guernsey. The registration procedure in Guernsey will involve a court application. An attorney may attend to this application in person or appoint a locally-qualified Advocate who has rights of audience in Guernsey. The court will want to see the court/respective registry sealed and activated Foreign LPA and an affidavit from the attorney stating the reasons why they need the Foreign LPA to be registered. Once your Advocate is provided with the correct documentation the process should take around two weeks.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
