JMK, Re

JMK, Re

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.

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
Outcome
application dismissed
Legal Topics
Recognition of Foreign Protective Measures, Power of Attorney, Court Approval Requirement
Mental Capacity Private International Law Recognition of Foreign Protective Measures Power of Attorney Court Approval Requirement

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Parties

SH

Applicant

PH

Applicant

JMK

Subject

Procedural Posture

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

Legal Issues

  1. 1 Whether a Canadian Continuing Power of Attorney is a 'protective measure' under Schedule 3 of the Mental Capacity Act 2005
  2. 2 Whether recognition of the Power of Attorney is possible without foreign court approval

Ratio Decidendi

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.

Court Disposition

application dismissed

Orders

  • Order of 31st August 2017 dismissing the application stands.
  • Applicants may apply to be appointed as property and affairs deputies in this jurisdiction.