Before the Foreign LPA can be relied upon in Guernsey, it must be registered in the Guernsey courts. Once this is done, any Foreign LPA which has been granted in another jurisdiction may be used by local service providers on the island for non-resident clients.
The Foreign LPA must be activated and registered in the jurisdiction where it has originated before it can be registered in Guernsey. Usually this registration will only happen after a loss of capacity of the person who made the LPA.
In practice, this may mean that there is a slight delay in accessing funds which are based in Guernsey. The registration procedure in Guernsey will involve a court application. An attorney may attend to this application in person or appoint a locally-qualified Advocate who has rights of audience in Guernsey. The court will want to see the court/respective registry sealed and activated Foreign LPA and an affidavit from the attorney stating the reasons why they need the Foreign LPA to be registered. Once your Advocate is provided with the correct documentation the process should take around two weeks.
Should you require the services of a notary in Guernsey, Alderney or Sark please contact Lisa Upham.
