SCHEDULES
SCHEDULE 3International protection of adults
Part 3Applicable law
Lasting powers of attorney, etc.
13
1
If the donor of a lasting power is habitually resident in England and Wales at the time of granting the power, the law applicable to the existence, extent, modification or extinction of the power is—
a
the law of England and Wales, or
b
if he specifies in writing the law of a connected country for the purpose, that law.
2
If he is habitually resident in another country at that time, but England and Wales is a connected country, the law applicable in that respect is—
a
the law of the other country, or
b
if he specifies in writing the law of England and Wales for the purpose, that law.
3
A country is connected, in relation to the donor, if it is a country—
a
of which he is a national,
b
in which he was habitually resident, or
c
in which he has property.
4
Where this paragraph applies as a result of sub-paragraph (3)(c), it applies only in relation to the property which the donor has in the connected country.
5
The law applicable to the manner of the exercise of a lasting power is the law of the country where it is exercised.
C16
In this Part of this Schedule, “lasting power” means—
a
a lasting power of attorney (see section 9),
b
an enduring power of attorney within the meaning of Schedule 4, or
c
any other power of like effect.