Power of Attorney Legislation: A STEP Global Guide

Powers of attorney have a crucial role to play in looking after vulnerable people, including the elderly and those with medical conditions. Yet power of attorney legislation is inconsistent across the globe, with some jurisdictions having very limited legislation in place. Jurisdictions that do have robust legislation in place may not be recognised in a country outside of where it was made, and some jurisdictions do not have any power of attorney legislative instruments at all.

In this comparative guide, Society of Trust & Estate Practitioners (STEP) members present Q&A-style chapters for their own jurisdictions that will address the following questions:

• Does your jurisdiction have legislation providing for powers of representation such as ordinary, continuing, enduring or lasting powers of attorney?
• Are there any other protective measures available?
• What are the formalities of establishing a power of attorney?
• Is there a registration process?
• How can you revoke or terminate the power, (ie marriage, divorce, death)?
• Is the power of attorney recognised in other jurisdictions?
• Does the court have any powers in relation to finances, medical treatment, guardianship or wills?
• How do you formally assess testamentary capacity in your jurisdiction?
• Do you have guidance on the law and procedure in your jurisdiction?

With most clients having assets and property spread across jurisdictions, advisers must know how the legal frameworks in those places coordinate with the client’s own jurisdiction. This guide will provide quick and informative answers to an adviser’s questions on the policy and legislation of another jurisdiction.