Lasting Power of Attorney overseas

Disliz

We are trying to set up LPAs at a family members request.  Does anyone know if a  LPA can be a permanent resident overseas? Would this slow the process down? Would a solicitor be needed or can it still be done online.  The address boxes on the online form seem to be geared up for the UK. Any guidance/info would be appreciated.

thanks.

Keep_pedalling

You can appoint an attorney who lives overseas, but if the donor lives overseas it would only apply to their UK assets you would need to set up a separate arrangement to cover assets in their country of residence. 

Bostonerimus1

The first country to get LPA will be the residence country, of there are assets in the UK then you might also need LTA in the UK.

Disliz

Keep_pedalling said:

You can appoint an attorney who lives overseas, but if the donor lives overseas it would only apply to their UK assets you would need to set up a separate arrangement to cover assets in their country of residence. 

The Donor lives in the UK but one potential attorney lives in New Zealand. Do you know if having an overseas attorney would slow down the process? 

Keep_pedalling

Disliz said:

Keep_pedalling said:

You can appoint an attorney who lives overseas, but if the donor lives overseas it would only apply to their UK assets you would need to set up a separate arrangement to cover assets in their country of residence. 

The Donor lives in the UK but one potential attorney lives in New Zealand. Do you know if having an overseas attorney would slow down the process? 

It should not slow down the process, but there are significant difficulties for someone to act if they are so far away from the donor. If you have more than one potential attorney in the UK I would not appoint someone who lives half the gone away. 

squirrelpie

I agree with Keep_pedalling. If an attorney needs to make decisions about medical care or even money, it will be a lot easier if they are in the same country and ideally nearby.

Grumpy_chap

Disliz said:

The Donor lives in the UK but one potential attorney lives in New Zealand.

Is this simply a case of parents treating all their offspring equally, so making them all potential attorneys?

It will be difficult, from a practical perspective, for the one so far away to meaningfully and easily perform the duties.  Is it likely they will need to act?  Or would the New Zealand based individual be the third attorney so both of the other being unable to perform the duties is unlikely?

Of course, sometimes, people just like to have all the bases covered.
My Mum initially appointed my older brother as the only attorney for PoA (and only Executor for her Will). 
He stressed on her the importance of a second attorney (and Executor) and she did eventually concede.
Mum has now added my younger brother (who lives in Sydney) as the second person for both roles. 
Her rationale was that he'd still be able to sort things out if there was a nuclear strike which it is good to have a plan for, I suppose.  Also, given Mum's bungalow is only two streets away from my house, if there was a nuclear strike that affected her, I doubt I'd be in a particularly good position to get much done.
I'm quite happy to have it all left to be sorted by the others and I can avoid the hassle.  Especially as I have seen how complicated her Will is and just glad it won't be my mess to sort.

Bostonerimus1

I'd avoid giving LPA to non-UK residents. I'm in the US and it would be very inconvenient to have my UK relatives deal with my affairs; so I have set things up with a trusted local friend and local lawyers.

Yorkie1

My mother appointed me and my brother (who lives in Europe) as Attorneys in both LPAs. We had to be careful about sequence of signing / dates (documents sent and returned by post) and had someone who organised the LPAs for us so that we didn't fall foul of those rules.

In our view, better to have two attorneys - who can act jointly and severally - than risk having only one and risk the LPA failing if that single attorney becomes unable to act at a point when the donor no longer has capacity to create new LPAs.