U. K. Lasting Powers of Attorney

There is no reciprocal agreement between the UK Office of the Court of Protection and Ireland ‘s High Court Wards of Court Office  regarding UK Lasting Powers of Attorney and Irish Enduring Powers of Attorney.  With regard to all foreign Powers, it is a matter for the individual  institutions (e.g., the Bank) in this jurisdiction to decide if  they will accept a foreign Power as it stands or whether they request that the foreign Power be registered here. From experience, it would  appear the majority of institutions do request the foreign be  registered here before they will accept same. The Irish Wards of Court office have advised that to date, they have registered U.K. Enduring Powers of Attorney but not a  UK Lasting Power of Attorney

The UK Mental Capacity Act 2005 provides the legal framework for the powers granted by a Lasting Power of Attorney. The provisions of the Act are only applicable within England and Wales, therefore only assets held in England and Wales come under its jurisdiction. An Attorney can be based overseas but will only be able to deal with assets in England and Wales.

Under the terms of the Mental Capacity Act 2005, Institutions in England and Wales should accept an EPA/LPA equivalent document which has been created under foreign legislation. Schedule 3 19(1) of the Mental Capacity Act outlines that a protective measure taken in relation to an adult under the law of a country other than England and Wales is to be recognised in England and Wales if it was taken on the grounds that the adult is habitually resident in the other country.

If you are having difficulty in UK getting an Institution to accept their foreign order an application can be made to the UK Court of Protection for a recognition or enforcement order using schedule 3 20(1) or 22(1) of the Mental Capacity Act.  The Court of Protection may be contacted on 0300 456 4600 or courtofprotectionenquiries@hmcts.gsi.gov.uk

In Ireland, it may be required  that:

(i) an application be made to the Court to see if the Lasting Power of Attorney could be registered as an Enduring Power of Attorney

(ii) if the Judge directs that it can be, then the Attorney can makethe application to register a foreign Power
To date such an application has not been received in the Wards of court Office