SCHEDULES

SCHEDULE 3International protection of adults

Part 3Applicable law

Lasting powers of attorney, etc.

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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.