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Power of Attorney Legislation: A STEP Global Guide

Edited by: Emily Deane

ISBN13: 9781837230372
Published: November 2024
Publisher: Globe Law and Business
Country of Publication: UK
Format: A4 Paperback
Price: £149.00



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Powers of attorney have a crucial role to play in looking after vulnerable people, including the elderly and those with medical conditions. Yet power of attorney legislation is inconsistent across the globe, with some jurisdictions having very limited legislation in place. Jurisdictions that do have robust legislation in place may not be recognised in a country outside of where it was made, and some jurisdictions do not have any power of attorney legislative instruments at all.

In this comparative guide, Society of Trust & Estate Practitioners (STEP) members present Q&A-style chapters for their own jurisdictions that will address the following questions:

  • Does your jurisdiction have legislation providing for powers of representation such as ordinary, continuing, enduring or lasting powers of attorney?
  • Are there any other protective measures available?
  • What are the formalities of establishing a power of attorney?
  • Is there a registration process?
  • How can you revoke or terminate the power, (ie marriage, divorce, death)?
  • Is the power of attorney recognised in other jurisdictions?
  • Does the court have any powers in relation to finances, medical treatment, guardianship or wills?
  • How do you formally assess testamentary capacity in your jurisdiction?
  • Do you have guidance on the law and procedure in your jurisdiction?

With most clients having assets and property spread across jurisdictions, advisers must know how the legal frameworks in those places coordinate with the client’s own jurisdiction. This guide will provide quick and informative answers to an adviser’s questions on the policy and legislation of another jurisdiction.

Subjects:
Wills and Probate
Contents:
Introduction
Emily Deane, STEP
England & Wales
Kelly Greig, Steele Raymond LLP Solicitors
Singapore
Yue-En Chong, Bethel Chambers LLC
Bermuda
Claire van Overdijk, Carey Olsen Bermuda
Ireland
Margaret Walsh, Sheil Solicitors LLP
Canada
Ian Lebane, TD Wealth
Barbados
Karen Perreira, InterCaribbean Legal
Scotland
Kevin Winters, Brodies
United States – Jurisdiction powers of representation
Shelley R. Perry, Senior Advocacy Group
United States – Health care power of representation
Shelley R. Perry, Senior Advocacy Group
Australia
Leah Sewell, Chalfont Chambers (LS), Nour Harb, TGB Lawyers (NH) and Timothy Morton, Glass Goodwin (TM)
New Zealand
Martin Haanen, Castle Trustees Ltd
Malaysia
Farah Deba Mohamed Sofian, Wong Lu Peen & Tunku Alina
Cayman Islands
Anthony Partridge, Ogier
Hong Kong
Sherlynn Chan, Deacons
China
Jason Tian, Shanghai Landing Law Offices
Italy
Martina Moscardi, Caldara & Associati
Jersey
Stephen Alexander and Joel Evans, Mourant
Guernsey
Gilly Kennedy Smith, William Ostick and Sandra Duerden, Mourant
British Virgin Islands
Fraser Allister and Andrew Miller, Bedell Cristin Cayman Partnership