Lasting power of attorney

Property & Home
1

I’m looking for help, my mother and father have lived in France for 30 + years, my father is ill and awaiting brain surgery soon, their property is in the process of being sold. I’m trying to organise from the uk for lasting power of attorney in France should my father be unable to sort the paperwork for the sale and move back to the uk after his operation. What would the first steps to do? Any help would be appreciated.
Regards

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Start here, I’ve linked English version which has some wobbly translation but you should be able to make sense of it. Do you know his doctor? As a doctor’s note is generally required.

And this is the procedure.

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(usual disclaimer - I am not a lawyer)

In theory a UK LPA should work in France, and vice versa with the French mandat de protection future, but
if you are UK-based it may be wise to have UK LPAs (financial and also health-based) as well as the French equivalent, as you may end up dealing with financial and other institutions in both countries - it will be a lot easier if you have the relevant local paperwork rather than trying to persuade them to accept a foreign document.

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Thank you very much Jane I will look into this.

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Thank you Chris I will look into this, it’s been a complete nightmare to be honest.
Regards

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Please make sure any LPA you arrange has the financial aspects of looking after them included, often a separate element to the LPA.

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Good luck and hope surgery goes well. Given the situation you might also want to do a procuration now, which can be drawn up pretty quickly by your father’s notaire to cover the house sale, payment of taxes, access to bank accounts etc in the short/medium term. They can be done electronically if your father’s health is not up to getting to notaire. Whilst they won’t cover the situation if your father’s mental health deteriorates I believe it will give you authority for these specific business functions.

Hope your father has a helpful notaire.

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Good point Corona. I gather now in the UK can have, say, LPA for the person’s welfare and health, and a separate LPA, possibly choosing someone else, for financial stuff.

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I can imagine. Best of luck, let us know how you get on.

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Yes it’s two separate Lasting Powers of Attorney - one for financial matters and the other for personal issues like approving hospital care.

We have both for my Mum who is 98 and three quarters and still going strong, but eventually won’t be…

ETA: It’s not a case of “can have…” - you generally need both and they are separate documents.

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