Before the Foreign LPA can be relied upon in Guernsey, it must be registered in the Guernsey courts. Once this is done, any Foreign LPA which has been granted in another jurisdiction may be used by local service providers on the island for non-resident clients.

The Foreign LPA must be activated and registered in the jurisdiction where it has originated before it can be registered in Guernsey. Usually this registration will only happen after a loss of capacity of the person who made the LPA.

In practice, this may mean that there is a slight delay in accessing funds which are based in Guernsey. The registration procedure in Guernsey will involve a court application. An attorney may attend to this application in person or appoint a locally-qualified Advocate who has rights of audience in Guernsey. The court will want to see the court/respective registry sealed and activated Foreign LPA and an affidavit from the attorney stating the reasons why they need the Foreign LPA to be registered. Once your Advocate is provided with the correct documentation the process should take around two weeks.

Should you require the services of a notary in Guernsey, Alderney or Sark please contact Lisa Upham.

Share
X.com LinkedIn Email Save as PDF
More Publications
20 Sep 2024

Legalisation and Apostilles: What is the difference between legalisation and an apostille?

Both legalisation, consular legalisation and getting an apostille involve similar processes.

20 Jun 2024

ODPA - Location, Location, Location!

Guernsey’s data protection regulator, the Office of the Data Protection Authority (ODPA) is shortl...

15 May 2024

Data Protection guidance in Guernsey for Emarketing, SMS/MMS and telemarketing

We are bombarded on a daily basis by communications endeavouring to lure us into some form of purcha...

30 Apr 2024

Secondary Pensions in Guernsey: Are you ready for it?

After several years of planning (and delays), The Secondary Pensions (Guernsey and Alderney) Law (La...

9 Apr 2024

The Global – your offshore corporate law questions answered: April 2024

The Global is a quarterly collection of corporate expert insights and analysis across Appleby's glob...

22 Mar 2024

Trading Standards: Application to your business

The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (Ordinance) came into force last O...

19 Mar 2024

Guernsey retains its EU adequacy – as expected

The post-Brexit regulatory landscape continues to throw up challenges and jurisdictional arbitrage, ...

18 Mar 2024

Parental Bereavement Leave: Jersey to implement further family leave rights

The UK introduced “Jack’s law” in 2020. Jersey is now following the UK’s example, and as of ...

26 Jan 2024

Fund Finance Laws and Regulations 2024 – Guernsey

Guernsey is a leading funds domicile with a proven track record of more than 50 years as an internat...

10 Jan 2024

The Global – your offshore corporate law questions answered

The Global is Appleby’s quarterly collection of expert insights and analysis on the latest develop...