JMK, Re [2018] EWCOP 5 (13 March 2018)

A Canadian Continuing Power of Attorney that has not been approved or made by a foreign court and is not subject to a system of registration does not constitute a 'protective measure' for the purposes of recognition under Schedule 3 of the Mental Capacity Act 2005.

Citation: [2018] EWCOP 5
Parties: Applicant: SH; Applicant: PH; Subject: JMK
Jurisdiction: England and Wales
Judgment Date: 13 March 2018
Procedural Posture: Application for Recognition of Foreign Power of Attorney / Judgment After Reconsideration of Dismissal Order
Outcome: Application dismissed; previous dismissal order stands.
Legal Topics: Recognition of Foreign Protective Measures, Power of Attorney, Schedule 3 Mental Capacity Act 2005

Mental Capacity Private International Law Recognition of Foreign Protective Measures Power of Attorney Schedule 3 Mental Capacity Act 2005

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Parties

Applicant

JMK

Subject

Procedural Posture

Application for Recognition of Foreign Power of Attorney / Judgment After Reconsideration of Dismissal Order

Legal Issues

1 Whether a Canadian Continuing Power of Attorney constitutes a 'protective measure' under Schedule 3 of the Mental Capacity Act 2005

Ratio Decidendi

Court Disposition

Application dismissed; previous dismissal order stands.

Orders

Recognition of the Canadian Continuing Power of Attorney as a protective measure is refused.
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