Powers of Attorney & Guardianship Orders for International Clients - Issues to Consider

Introduction

What if you have a client who is habitually resident outside of England and Wales but has English assets - can they make a domestic lasting power, how should it be drafted and what happens if they don't have one?

What happens if your client has lived in another country, such as Scotland, and moves to England or Wales? Can a foreign Power of Attorney be used here, or do they need to go through a Court of Protection order?

What if they have an order from a foreign court, but it needs to be accepted in England or Wales? How does this happen, and can the court ignore the foreign order?

What if your client moves to or from another country and there is a residency dispute? How are these managed?

This new virtual classroom seminar will answer the above questions and more.

What You Will Learn

This live and interactive course will cover the following:

• The Hague Convention on the International Protection of Adults 2000
• The jurisdiction of the Court of Protection
• What is a protective measure?
• What is a power of representation?
• Recognition and enforcement of a foreign protective measure in the Court of Protection
• When can the court decide not to recognise or enforce a protective measure?
• Drafting a lasting power to be used domestically when the donor is habitually resident elsewhere
• Enabling a foreign power of attorney to be used in England and Wales
• Using a Lasting Power in a foreign jurisdiction
• Relevant case law

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.