Re JMK [2018] EWCOP 5

Canadian LPA as protective measure "The application before the Court is for an order to recognise a Canadian Power of Attorney pursuant to Schedule 3 of the Mental Capacity Act 2005. The issue for determination is whether such an instrument amounts to 'a protective measure' for the purposes of Schedule 3."

External links

  • Commentary on protective measure case. Alex Ruck Keene, 'Foreign powers of attorney - an unfortunate judicial wrong turn' (Mental Capacity Law and Policy, 26/3/18) — This article states that the two litigants in person, in seeking recognition and enforcement of a Canadian "Continuing Power of Attorney for Property" as a protective measure (under Part 4 Schedule 3 MCA 2005), had led the judge astray, as the relevant question was whether (under Part 3) the Canadian power was valid according to Ontario law, assuming JMK had been habitually resident there at the point of granting the power. A application can be made under rule 23.6 Court of Protection Rules 2017 in any case where there is doubt as to the basis upon which the attorney under a foreign power is operating.

CASES DATABASE

Full judgment: BAILII!

Subject(s):

  • Other capacity cases🔍

Date: 13/3/18🔍

Court: Court of Protection🔍

Judge(s):

Parties:

Citation number(s):

What links here:

Published: 19/3/18

Cached: 2019-10-15 13:34:50