Registering a British Lasting Power of Attorney (LPA) in Jersey
Where a person holds assets in Jersey, they should consider whether they wish to appoint someone who can manage those assets in the event that they should lose capacity to do so themselves. Often, these considerations form part of a person’s wider estate planning.
It is not currently possible for a non-Jersey resident to put a local, Jersey lasting power of attorney in place to cover their Jersey based assets. Instead, the Jersey Court will recognise a power of attorney (or equivalent document such as a guardianship or deputy order) issued by another jurisdiction provided that power of attorney is properly registered with the Royal Court of Jersey. Once registered, the Attorney appointed under the foreign document has the legal authority to deal with the assets in Jersey and this is confirmed by way of a formal Act of Court document issued by the Royal Court and appended to the foreign lasting power of attorney document.
Article 13 of the Capacity and Self Determination (Jersey) Law 2016 states that where a power of attorney is first registered in a jurisdiction of the British Islands (other than Jersey) it may have effect here in Jersey provided evidence of the original registration is provided to the Royal Court and for as long as the original registration continues to validly exist.
Applications for the registration of a British-registered LPA must be supported by a Representation and the following documents will also be required:
- The original LPA or a certified copy made by an authorised person (which can be a lawyer qualified in the law of the place of execution of the LPA);
- The results of a search of the Register of the Office of the Public Guardian (or equivalent office) which first registered the LPA confirming that the original registration continues to be valid and has not been revoked;
- Details of the Jersey situs assets;
- Certified proof of identity for both the donor and the attorney(s);
There is a registration fee payable to the Royal Court upon application of £383.
Once the British LPA has been registered, an Act of Court will be issued which confirms the same and it is this document that provides the attorney(s) with proper authority and is registered with the relevant asset holder(s).
In the event that a British Court Order has been issued, which appoints someone as Deputy, then a different procedure applies and a full application has to be made directly in court which requires a Jersey Advocate to present the application for approval.
Carey Olsen can assist with the registration of British LPAs in Jersey – please contact our team for more information.
Frequently Asked Questions
1. Can a non Jersey resident create a Jersey LPA for their Jersey assets?
No. Non‑Jersey residents cannot create a Jersey LPA. Instead, the Royal Court can recognise a foreign LPA or equivalent document once it has been properly registered in Jersey.
2. Will Jersey recognise a British-registered LPA?
Yes. Under Article 13 of the Capacity and Self Determination (Jersey) Law 2016, a British‑registered LPA can be registered and then recognised in Jersey if evidence of its original registration is provided and that registration remains valid.
3. What documents are needed to register a British LPA in Jersey?
You must provide:
- The original LPA or a certified copy
- A Public Guardian search confirming ongoing validity (a link so that the LPA can be viewed online is acceptable)
- Details of Jersey situs assets
- Certified proof of identity for the donor and attorney(s)
4. What is issued after the LPA is registered, and what is the fee?
The Royal Court issues an Act of Court confirming that the British LPA is valid and this confirms the attorney’s authority to manage Jersey assets. The registration fee is £383.
