Cross-Border Powers of Attorney & Court Orders - A Practical Guide

Introduction

Cross-border clients can present complex questions around lasting powers of attorney, foreign powers and Court of Protection orders, but do you know what happens when different jurisdictions collide?

From clients who are habitually resident overseas but hold assets in England and Wales, to individuals moving between jurisdictions, practitioners need to understand when a domestic lasting power can be used, how it should be drafted and what happens if no power is in place.

This short webinar will provide practical guidance on the key cross-border issues, including using and drafting English and Welsh lasting powers of attorney for overseas residents, recognising foreign powers of attorney, dealing with foreign court orders and managing disputes over habitual residence. It will also examine when a Court of Protection application may be required and the circumstances in which an English or Welsh court may refuse to recognise a foreign order.

Whether you advise clients with international assets, regularly deal with overseas jurisdictions or encounter clients moving between countries, this webinar will help you identify potential pitfalls and advise with greater confidence.

Register today to strengthen your understanding of cross-border powers of attorney and ensure you are prepared when jurisdictional issues arise.

What You Will Learn

The webinar will cover the following:

• The Hague Convention on the International Protection of Adults 2000 - key principles and practical implications
• Recognition and enforcement of foreign protective measures in the Court of Protection
• When can recognition or enforcement be refused? - grounds for challenging a foreign protective measure
• Drafting a lasting power of attorney for domestic use where the donor is habitually resident abroad
• Validity of an English and Welsh lasting power of attorney abroad - key considerations
• Using a foreign power of attorney in England and Wales - recognition and practical requirements
• Using an English and Welsh lasting power of attorney overseas - jurisdictional considerations and potential obstacles
• Key case law on cross-border capacity, powers of attorney and protective measures
• EU developments affecting the cross-border protection of vulnerable adults