ROYAL COURT OF JERSEY
RC22/03
THE CAPACITY AND SELF-DETERMINATION (JERSEY)
LAW 2016 (“the Law”)
Registration of Foreign Powers of
Attorney/Enduring Powers of Attorney (EPA) /Lasting Powers of Attorney (LPA) and
Acts of Courts
1.
Under Royal Court Rule
17/3(1)(b), the Judicial Greffier is empowered to
transact the following business in chambers, namely –
(b) the hearing and determination of an
application for registration of a power of attorney or of an instrument
revoking or abandoning a power of attorney.
2.
Under Article 13 of the
Capacity and Self Determination (Jersey) Law 2016:
“(2) Where
a power of attorney is first registered (by “original registration”) in a
jurisdiction of the British Islands other than Jersey, it may have effect in
Jersey –
(a) if such evidence as to
the original registration as the States may by Regulations require is provided
to the Judicial Greffe; and
(b) for so long as the original registration validly subsists,
as though it were a lasting power of attorney created and
registered in Jersey under paragraph (1), and for this purpose the
Judicial Greffe shall register and deal with such a power of attorney in
accordance with Part 2 of the Schedule subject to such modifications as
the States may by Regulations make to the Schedule for this purpose.”
Registration of EPA/LPAs first registered
outside of Jersey but within the British Islands
3.
For the purpose of this
Practice Direction, British Islands means the United Kingdom, the Channel Islands and the Isle of Man.
4.
Applications for the
registration of LPAs first registered outside of Jersey but within the British Islands
should be commenced by a Representation substantially in the form set out in
Schedule 1 to this Practice Direction.
5.
Documents to be
enclosed with the Representation are:
(a)
A covering letter
addressed to the Judicial Greffier setting out the
application.
The letter must be signed by the person(s)
making the application to register the original registration in Jersey (i.e.
the appointed attorney(s) or their local agent) and provide the address to send
the registered EPA/LPA on to;
(b)
The original EPA/LPA or
a copy thereof certified as true by an authorised person.
For
this purpose an authorised person is a judge, justice of the peace, magistrate,
mayor, chief officer of any city or municipal corporation, a barrister,
solicitor, a lawyer qualified under the legal system of the place of execution,
a person authorized to take oaths or affidavits or the equivalent thereof by the
law of Jersey or the law of the place of execution, a British consular official
(or a person for the time being discharging the duties of such an official),
or, if the donor of the power is a member of the British armed forces, an
officer of those forces authorized to take affidavits;
(c)
The results of a search
of the Register of the Office of the Public Guardian which first registered the
EPA/LPA confirming that the original registration continues to be valid and has
not been revoked;
(d)
Certified proof of identity
of the Donor and applicant; and
(e)
The registration fee of
£330.00 GBP as may be varied from time to time. Payment of the registration fee may be paid by
card over the telephone. Please
telephone the Protection Division of the Judicial Greffe on Tel. 01534 441360
or upon presentation of a Court receipt obtained from the Treasury Cashiers
located at the Government’s Customer and Local Services Department.
6.
Once the original
registration has been registered by the Judicial Greffe, the Jersey registered
instrument, comprising an Act of Court (see exemplar at Schedule 2) and a copy
of the original registration will be sent by post to the address given by the
applicant in the covering letter.
Registration of LPAs (or
the equivalent thereof) first registered outside of the British Islands
7.
Applications for the
registration of LPAs (or the equivalent thereof) originally registered
outside of the British Islands must be
commenced by a Representation substantially in the form set out in Schedule 3 to
this Practice Direction.
Applications for the
registration of foreign Court Orders
8.
Applications for the
registration of foreign Court Orders must be brought by Representation directly
to the Inferior Number of the Royal Court.
The original or a certified true copy of the originating Court order and
the application fee must accompany the Representation.
This Practice Direction comes into effect
immediately.
8
November 2022
Schedule 1
IN THE MATTER OF THE
REGISTRATION OF THE [LASTING/ENDURING] POWER OF ATTORNEY OF [NAME OF DONOR]
IN THE MATTER OF ARTICLE 13 OF
THE CAPACITY AND SELF-DETERMINATION (JERSEY) LAW 2016
Representation
The
Representation of (full name) of (address) (“the Representor”) shows:-
1.
On [date], [name of
donor] (“the Donor”) of [address of donor] appointed [name of
applicant/attorney] of [address of attorney] to be their attorney in accordance
with the provisions of the [type of power] executed on [date of execution] at
[place of execution].
2.
The Donor appointed
[names of attorneys] and [any other named attorney’s] [how appointed jointly
and/or severally, if applicable] to be their attorney(s) with general authority
to act on their behalf in relation to their [property and affairs/health and
welfare] and appointed [names of replacement attorney(s), if applicable] as
replacement attorneys to act on their behalf in the terms of the said [type of
power].
3.
The [type of power] was
registered with [name of court where registered] on [date registered] in
accordance with [under which law was registered].
4.
I attach confirmation
from [the Office of the Public Guardian or other as appropriate] that the [type
of power] is valid, has not been revoked and continues to be in force.
5.
[I confirm that the
donor does not have capacity to administer [his/her] Jersey assets].
6.
The Donor holds the
following property/assets within the jurisdiction of Jersey:
[details property / assets]
7.
The [type of power],
despite being drafted and executed in accordance with the law of [jurisdiction
of creation] is valid in the jurisdiction of Jersey by reason of Article 13(2)
of the Capacity and Self-Determination (Jersey) Law 2016.
8.
The
Representor hereby undertakes, that in the event of any material changes
affecting the validity of the original registration of the [type of power], it
shall immediately notify the Judicial Greffier of any
such changes.
WHEREFORE
the Representor requests that the [type of power] be registered by the Judicial
Greffe so that it has full effect within the Island of Jersey.
Schedule 2
In the Royal Court of Jersey
|
Probate and Protection
Division
|
|
In the year two thousand
and [year], the [day in words] day of [month].
Before
the Judicial Greffier.
IN
THE MATTER OF [DONOR’S FULL NAME] [NÉE MAIDEN NAME]
AND IN THE MATTER
OF THE CAPACITY AND SELF-DETERMINATION (JERSEY) LAW 2016
I hereby certify that, pursuant to Article
13(2) of the Capacity and Self-Determination (Jersey) Law 2016 (the “Law”), the
attached [Enduring Power of Attorney (EPA)/lasting power of attorney
(LPA) for [property and affairs/health and welfare] for [Donor’s title
and names] of [Donor’s address] first registered by [the Office
of the Public Guardian/the Office of the Public Guardian (Scotland)/Office of
Protection and Care, Northern Ireland/the Registrar of Wards of Court/Channel
Islands/Isle of Man] on [date] (the “original registration”) is
hereby registered by the Royal Court of Jersey this day, as though the
requirements of Part 2 to the Schedule of the Law have been complied with, for
so long as the original registration validly subsists.
In registering the original registration,
the Court orders that:
(1)
the donor and/or attorney(s) appointed
pursuant to the original registration must inform the Royal Court of Jersey via
the Judicial Greffe within fourteen (14) days of any alteration in the validity
of the underlying LPA; and
(2)
the
attorney(s) appointed pursuant to the original registration must adhere to the
Capacity and Self-Determination (Jersey) Law 2016’s core principles and its
Code of Practice.
Greffier
Substitute
Schedule 3
IN
THE MATTER OF THE REGISTRATION IF THE LASTING POWER OF ATTORNEY OF [NAME OF
DONOR]
IN
THE MATTER OF ROYAL COURT RULE 17/3(b)
Representation
The
Representation of (full name) of (address) (“the Representor”) shows:-
1.
On [date], [name of
donor] (“the Donor”) of [address of donor] appointed [name of
applicant/attorney] of [address of attorney] to be their attorney in accordance
with the provisions of the [type of power] executed on [date of execution] at
[place of execution].
2.
The Donor appointed
[names of attorneys] and [any other named attorney’s] [how appointed jointly
and/or severally, if applicable] to be their attorney(s) with general authority
to act on their behalf in relation to their property and affairs and appointed
[names of replacement attorney(s), if applicable] as replacement attorneys to
act on their behalf in the terms of the said [type of power].
3.
Either:
The [type of power] was registered with [name
of court where registered] on [date registered] in accordance with [under which
law was registered]
or
the [type of
power] does not require registration under the law of [the relevant
jurisdiction] as per the Affidavit provided by [name of person providing sworn
affidavit]
(if not registered with a Court – then must provide
affidavit of law – see below)
4.
The Donor holds the
following property / assets within the jurisdiction of Jersey
[details property / assets]
5.
The [type of power],
despite being drafted and executed in accordance with the law of [jurisdiction
of creation] is valid in the jurisdiction of Jersey by reason of [set out
reasons for the assertion that the authority granted to the attorney/s within
the Power of attorney are intended to extend to assets within the jurisdiction
of Jersey]
6.
The [name of
applicant/representor] wishes to instruct the above named asset holders to
record their authority over the Donor’s property in accordance with the [type
of power] and for the asset holders to accept and act upon instructions from
the [said name of applicant/representor]
so that the Donor’s assets held within the jurisdiction of the Jersey
may be administered by the [said name of applicant/representor] for the [name
of donor]’s benefit.
7.
The Representor hereby
undertakes, that in the event of any material changes affecting the validity of
the original registration of the [type of power], it shall immediately notify
the Judicial Greffier of any such changes.
WHEREFORE the
Representor requests that the [type of power] be registered in the rolls of the
Royal Court so that it has full effect within the Island of Jersey.
Notes
for applicants
Documents to be exhibited to the Representation
1.
The original or
certified copy of the [type of power] (supported by a certified
translation, if necessary)
(Please
note that the certification should be undertaken by a person authorised to do
so in the place of execution)
“A
judge, justice of the peace, magistrate, mayor, chief officer of any city or
municipal corporation, a barrister, solicitor, a lawyer qualified under the
legal system of the place of execution, a person authorized to take oaths or
affidavits or the equivalent thereof by the law of Jersey or the law of the
place of execution, a British consular official (or a person for the time being
discharging the duties of such an official), or, if the donor of the power is a
member of the British armed forces, an officer of those forces authorized to
take affidavits.”
2.
Where the [type of
power] has not been registered by a court in the jurisdiction by which it
purports to be governed, the Judicial Greffier
required the application to be supported by an affidavit of law which should
clarify the following issues:-
• the
name and legal qualification of the person who drafted the [type of power]
• the
Law firm and address that they work for;
• the
date when the [type of power] took effect; who is the Donor of the [type of
power]; who are the appointed attorneys (and if applicable, replacement
attorneys); and how the [type of power] is to be exercised (i.e. joint and/or
severally);
• in
which jurisdiction the [type of power] was executed and if applicable under
which law the [type of power] was executed;
• whether
the [type of power] needs to be registered by the Court (or the equivalent) in
the jurisdiction of execution (and if registered when that was or will be
done); and
• where
the [type of power] is valid; (for example, whether jurisdiction specific or
worldwide – are there any geographical limitations)
·
confirmation that when
the [type of power] was executed the Donor had capacity to execute and that the
[type of power] continues to be valid in the event that the Donor subsequently
loses capacity
3.
Documentary evidence of
the assets
4.
Certified documentary
proof of Identity of the Donor and lay applicant.
Documents
to be provided with the Representation
1.
A covering letter
addressed to the Judicial Greffier
The
letter should set out the application and must be:
a) signed by
the person(s) making the application to register the [type of power] in Jersey
(must be the appointed attorney(s) or their local agent); and
b) provide details of where the documents are
to be returned.
2.
Fee for the
registration is £330.00 (GBP)
Local
applicants will need to provide the usual Treasury receipt to confirm payment.
Applicants
who are non-Jersey residents, please contact jgrsamedi@courts.je to discuss
payment of fees.