Will French power of attorney be applicable in UK?
Antonia Ridley-Hughes of Ashtons Legal answers a reader query
If preparing multiple documents, you should appoint the same attorneys in both
SeventyFour/Shutterstock
Reader Question: I live in France but also have assets in England. If I set up a power of attorney with a French notaire, will it be recognised in England?
A mandat de protection future (MPF) is a document prepared by a notaire which nominates an attorney to look after you and your affairs when you no longer can. It is similar to a Lasting Power of Attorney (LPA) in England and Wales.
The MPF can be used in relation to your French assets, although not in relation to your English assets, as England did not ratify the relevant international convention.
We would, therefore, recommend you put in place an LPA for property and financial affairs as well.
It should be noted that, as France did ratify the relevant international convention, an LPA can in theory be used in relation to your French assets, if it has been drafted correctly. If you are resident in France at the time of preparing an LPA, we would recommend you seek legal advice to ensure the document is valid for use in France.
Read more: Who can I appoint as my power of attorney in France
We work regularly with notaires to implement LPAs, although do encounter reticence from French banks. On this basis, as far as your assets are concerned, it would be sensible to have both an MPF and LPA.
As regards your health and welfare, it depends on where you intend to reside. As a French resident, you could rely on an MPF if you stay in France indefinitely.
Practical steps (including an assessment by a French-registered and court-approved doctor) must be followed to implement this on loss of capacity, which would be difficult if you were no longer resident in France.
That being the case, if you intend to return to the UK (for example, upon ill health) it would be worth preparing an LPA for health and welfare, on the basis that this would be easier to implement once you had returned to the UK.
As a final point, where you prepare multiple documents, it is important to appoint the same attorneys in both (so there is no conflict) and not limit their scope (so they apply to worldwide assets).
