Foreign Power of Attorney

[Tasha88]

Hi All - I've been searching the internet to uncover some information relating to an issue that is probably very common - estranged family members contesting the validity of a PoA…Here's the twist, the PoA document was drafted in the USA, however it was executed in the UK by the Grantor, Notary public (Solicitor in this case) and independent witness.

I have been informed that the PoA is not valid in this country as it wasn't drafted here and should have been executed in the country it was drafted.

Obviously I disagree, but not being educated in the field of law and with such complexity in regards to jurisdiction I thought to post this and see where I may possibly stand.

Look forward to hearing any thoughts/information/relevant case law to assist me.

Thanks

[des8]

The general principle is that a Power of Attorney made in a foreign jurisdiction will normally be considered valid under English law if both of the following apply:

1. It has a similar effect to a Power of Attorney made under English law.
2. It is valid in the jurisdiction where the donor habitually lives.

However it is usually necessary to have a foreign Power of Attorney validated for use in England and Wales. This involves applying to the Court of Protection for official confirmation that the Power of Attorney is considered valid under English law.

[Tasha88]

Thanks DES8, that makes sense.