Assisted Decision-Making (Capacity) Act 2015
Enduring powers of attorney, etc.
119. (1) If the donor of an enduring power is habitually resident in the State at the time of granting the power, the law applicable to the existence, extent, modification or extinction of the power is—
(a) the law of the State, or
(b) if he or she specifies in writing the law of a connected country for the purpose, that law.
(2) If the donor of an enduring power is habitually resident in another country at that time, but the State is a connected country, the law applicable in that respect is—
(a) the law of the other country, or
(b) if he or she specifies in writing the law of the State for the purpose, that law.
(3) A country is connected, in relation to the donor, if it is a country—
(a) of which he or she is a national,
(b) in which he or she was habitually resident, or
(c) in which he or she has property.
(4) Where this section applies as a result of subsection (3)(c), it applies only in relation to the property which the donor has in the connected country.
(5) The law applicable to the manner of the exercise of an enduring power is the law of the country where it is exercised.
(6) In this Chapter “enduring power” means—
(a) an enduring power of attorney as provided for in section 59, or
(b) any other power of like effect.