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 individual to establish permanent power of attorney for a local Jersey to cover their Jersey assets. Instead, the Royal 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. Once registered, the lawyer appointed under the overseas document has legal authority to deal with the assets in Jersey. This is confirmed by a formal court document issued by the Royal Court and attached to the foreign power of attorney document.
The application for registration of a foreign power of attorney is uncomplicated and is made in chambers via an application called “representation”. This application must be made by a qualified lawyer in Jersey and the following documents must be provided:
- the original (registered) permanent power of attorney (or equivalent), or a copy of that document, officially sealed and certified by the Royal Court in the foreign jurisdiction that registered the original. If it is customary in the home country 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 the like is sufficient;
- properly certified identification documents of both donor and attorney; and
- 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 equivalent power of attorney) does not need to be officially registered in the home country to be officially valid and used, an affidavit from a lawyer in that jurisdiction is also required to confirm this.
Once the court ruling has been issued, it can be submitted to the Jersey property owner who can then validly accept the attorney’s instructions.
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