International acceptance of Lasting Powers of Attorney (LPA) ???

[nicholsong]

I have posted this question on another thread but I am repeating it here to get the question to anyone else who does not read that thread.

What is the international acceptance of a LPA, say made in UK and needed in France or Spain?

I think the answer is particularly important for those of us using our motorhomes internationally, and especially for a Medical LPA in case of a medically incapacitating accident, not so much the Financial one unless one has moved to another country since making it.

Geoff

 

[Minxy]

This is just from a quick google/read but it seems to say that the best thing is to have one for each country you have an interest in to avoid any possible issues.

It seems to depend on the country in question as whether they recognise the LPA in their jurisdiction:

Overseas powers of attorney

What is a power of attorney? What is an overseas power of attorney? Should you appoint an attorney who resides in a different jurisdiction? Why would an overseas power of attorney be required? How can an overseas power of attorney be created? Read this guide for more.

www.rocketlawyer.com

Will my power of attorney be recognised abroad? STEP Advising Families

When moving abroad you need to ensure that any planning you have undertaken, such as setting up a power of attorney, will be valid in your destination

advisingfamilies.org

 

[wiljoy]

As we are now out of the playpen EU I assume our UK ruling will not apply to other states. We had to have a Spanish will to cover our property in Spain as the UK edition isn't legal there. Similar rules will probably apply to other legal documents.

 

[Jimbohorlicks]

If you make a will ,as an example,it is valid in your country of residence. So if you died in Spain whilst touring,your will and other legals like an lpa would be based on your residence country.In my case the UK. If I was resident in Spain the will would probably not be 100% legal ,but it would at least show what my wishes were.

 

[Minxy]

The safest thing would appear to have one done in Poland Geoff:

Insights

www.rsmpoland.pl

The Power of Attorney in Poland

A power of attorney can be very useful for business owners in Poland who want to delegate their powers for matters concerning company management and others.

www.companyincorporationpoland.com

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[Minxy]

If you make a will ,as an example,it is valid in your country of residence. So if you died in Spain whilst touring,your will and other legals like an lpa would be based on your residence country.In my case the UK. If I was resident in Spain the will would probably not be 100% legal ,but it would at least show what my wishes were.

Good point but again it might be advisable to have a facsimile Will drawn up in the other country too so that there is no delay/issue whilst the original UK will is validated and also to ensure that the 'language' used it in meets the requirements of the other country.

 

[nicholsong]

The answers so far have been useful in addressing the situations where one has assets in certain countries both in relation to LPAs and Wills, but nobody seems to have any information on Medical LPAs whether a specific Medical LPA or a General LPA, including medical decisions.

On our normal tours we generally travel through 5-6 countries. In any one of them we could have an accident causing head injuries, or a stroke to one of us. It would be comforting to know that the other has some control over what the medics suggest as the best treatment procedure.

Am I the first person to bring this up? Have any of you who have Medical LPAs thought about his international aspect? If so have you sought advice that can be passed on.

I am a bit out on a limb here in Poland for getting legal advice in English and on English Law, other than financial and tax, and I am out of touch with the law firms in UK that I used to know.

Geoff

 

[Charente16]

I had to obtain an 'official stamp', forgot the name, from the High Court in Bordeaux on all my Mothers legal papers Will etc., to enable them to be recognised in the US; basically confirming that the translator/lawyer were qualified to draw - up/translate the documents and they were recognised under French law. Once sent to my lawyer in the States they were accepted without problem.

Robert

 

[Minxy]

I suspect there is not single answer Geoff:

Will my power of attorney be recognised abroad? STEP Advising Families

When moving abroad you need to ensure that any planning you have undertaken, such as setting up a power of attorney, will be valid in your destination

advisingfamilies.org

You could make up a 'living will' and get it 'notarised' so that your wishes are clear but ultimately it would be up to the medical staff at the time, hopefully after consultation with your nearest and dearest, who would make the final decision.

Although not totally protecting your wishes to give Basia more of a say the 'easiest' thing would be get down on your creaky knee and make her an offer she cannot refuse to become your Mrs!

 

[carolyn]

Although we all call them medical LPAs they are in fact “ Health and welfare LPAs” . You don’t have to be a UK citizen or live in the UK to have one but for it to be legal you do have to register it with the Office of Public Guardian. They should be recognized throughout the world but if you look at them most don’t have very specific info about your medical wishes on them unless you add it in yourself.

It would be very hard for loved ones in an emergency situation to start arguing complex medical matters in a foreign language. On the other side of the coin most doctors would rather defend themselves for trying too hard than not trying hard enough, especially if the situation was complicated by language issues.

We have both sorts of LPAs and I inserted detailed medical stuff as neither of us want life prolonging treatments if we are incapacitated. I still got a solicitor to write it up though as I wanted it to be legal. We carry copies but there’s a limit to what you can do. There comes a point when you just have to accept it.

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[Charente16]

Further to #9 above, the stamp is an 'APOSTILLE', internationally recognised under the Convention de La Haye of 5th October 1961.

Robert