Applying Lasting Powers of Attorney in France
Our previous blogs this World Alzheimer’s Month have covered why you should consider putting a Property & Financial Affairs Lasting Power of Attorney (‘LPA’) in place; but what if you own a holiday home in France – can your property and financial affairs LPA be used there if you lose capacity?
The short answer is: yes. France is a signatory to the Hague Convention on the International Protection of Adults, meaning that where an individual who is habitually resident in England & Wales executes an LPA which is valid under the laws of England & Wales and does not have the mental capacity to manage their affairs, then it can be validly applied in France.
Although France will accept that an English LPA confers authority on an Attorney, it is often the case that local French institutions will require a certified copy of the LPA that has been legalised for use overseas. This legalisation can be carried out by solicitors with expertise in the field, or by a notary public. French institutions may also require a certificate prepared by an English solicitor or notary public confirming the validity of the LPA, as well as a translation of the LPA into French.
If you are looking to prepare an LPA which may need to be applied in France then it is worthwhile seeking legal advice from a cross border specialist at the time of preparing it. At Ashtons Legal we are able to draft English LPAs which are specific to your circumstances and which should assist with their implementation in France, should this prove necessary. We are also able liaise directly with the relevant French institutions regarding their requirements.
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