Can I use a Lasting Power of Attorney abroad was a question I was asked recently, finding the answer and sharing what I learned is the foundation for this blog.

Background

I host monthly free on-line teachings and have come to really enjoy delivering these. Many people who attend are repeat attendees and I think this has helped to create the very positive discussions that often follow the teaching. At a session just before Christmas I was asked if a Lasting Power of Attorney created in England could be used in Japan. I knew Lasting Power of Attorneys are created under law applicable in England and Wales, but was unsure if there was any form of international recognition.

What I did next

To ensure I gave the most accurate answer I did a little research and contacted the Office of the Public Guardian (OPG)

What I found out

Can I use my LPA outside of England and Wales is a frequently asked question and the OPG provide the following response:

The helpful emails response I received from the OPG provided further information which I have summarised below.

Third parties in Japan may accept the document, but it has no legal capacity outside of England and Wales and it would be at their discretion to do so.
For permission to use the documents overseas, a person would need to seek approval from the appropriate courts there.
Appropriate legal advice in Japan is recommended
A further option is to check if Japan has its own version of an LPA for which a person could apply.
It is also possible to contact the Foreign, Commonwealth & Development Office to ask for an Apostille stamp, which is a certificate attached to the LPA when intended for use overseas. The country involved has to be party to Convention 12 of the Hague Convention 1961. It is still up to third parties whether they will accept the document with the certificate.

To follow the last point in the list above, I looked at the GOV.UK website Get your documents legalised and found out further information which I have shared below. The introductory overview explains what legalising a document means:

https://www.gov.uk/get-document-legalised

The website continues to explain the two different types of Apostille which can be either paper based or electronic:

The cost is explained and ranges between £35.00 and £100.00

The last section of information includes information on the length of time the process takes which is from up to five working days.

Conclusion

It’s great to share the questions I am asked and, through the blogs, to be creating a fabulous resource. If you have a question you would like featured in blog contact me .

Find out how I can support you in making a personalised Advance Care Plan or a Lasting Power of Attorney