Registering a International Power of Attorney in Jersey
If a person holds assets in Jersey, they may want to ensure that they have made reasonable arrangements to appoint someone to manage those assets in case they lose capacity to the point that they can no longer do it themselves. Often times, these considerations are part of a person’s broader estate planning.
There is currently no way for this person to have a Jersey local authority to cover their Jersey property. Instead, the Jersey Court will recognize the foreign power of attorney (or an equivalent document such as a guardianship or a proxy) provided the power of attorney is registered with the Royal Court of Jersey. Once registered, the lawyer appointed under the foreign document has legal authority to deal with the assets in Jersey. This is attested by a formal Act of Court document issued by the Royal Court and appended to the foreign permanent authority of attorney’s document.
The application for registration of a foreign power of attorney is uncomplicated and is submitted in chambers via an application called representation. This application must be made by a qualified lawyer in Jersey and the following documents must be presented:
- the original (registered) permanent power of attorney (or an equivalent document) or a copy of that document officially sealed and certified by the court in the foreign jurisdiction that registered the original. If it is customary in the country of the original for a notary to certify the permanent power of attorney, the notary can produce an official copy for use in Jersey. If the original document is a permanent English power of attorney, the Royal Court will accept a copy of the registered document certified by a lawyer.
- Confirmation of the current value of the asset or assets in Jersey. A bank statement or a stock valuation or something similar is sufficient.
- Identification documents of both the donor and the attorney that are properly certified according to our certification guidelines (link).
- a £ 120 treasury receipt representing the stamp duty levied by the Royal Court to register this type of document in Jersey.
If the foreign power of attorney (or an equivalent power of attorney) does not need to be officially registered in the country of origin for it to be officially valid and used, we also need an affidavit from a lawyer in that jurisdiction confirming this.
Once the law is enacted, it can be filed with the Jersey property owner who can then validly accept the attorney’s instructions.