Can an attorney live abroad?

The legal position

The Mental Capacity Act 2005 sets no residence or nationality requirement for an attorney under a financial or health and welfare LPA. The only conditions are that the attorney is 18 or over, has capacity themselves, and — for the property and financial affairs LPA — is not an undischarged bankrupt. A son in Australia or a sister in Spain is just as eligible on paper as a neighbour down the road.

The practical problems

• UK banks often require in-branch identification for attorneys, or run slow overseas verification processes that add weeks to setting up account access.
• Signing documents needs originals in the post, sometimes notarised by a local notary public before they can be used in the UK.
• Welfare decisions need someone who can attend care reviews, hospital meetings and visits at short notice.
• Time zones and travel delay urgent decisions, particularly around hospital discharge or a sudden change in care needs.
• Some care providers and local authorities are simply unused to dealing with an attorney who cannot come to a meeting in person.

A worked example

Tom moved to Canada fifteen years ago. His mother, Barbara, wants him as an attorney because they are close and he understands her wishes, but she also has a daughter, Claire, who still lives in Bristol. Barbara appoints Tom and Claire jointly and severally on both LPAs, so either can act alone, and names Claire as the one who deals with her bank and GP day to day. Tom stays involved in bigger decisions by phone and email, and Claire keeps him informed, but nothing depends on Tom being physically present. If Claire were ever unavailable, a neighbour Barbara trusts is named as replacement attorney rather than leaving Tom to manage everything from overseas alone.

How to make it work

1. Appoint a UK-resident attorney as well, jointly and severally, so day-to-day matters do not stall.
2. Name a UK-resident replacement attorney in case the UK-based attorney later becomes unavailable.
3. Choose the overseas person for welfare, where continuity of relationship matters most, and a UK person for finances, which needs faster, more local action.
4. Keep certified copies with the UK attorney so they can act immediately without waiting for documents to be posted internationally.
5. Warn the overseas attorney that some banks will insist on identification checks they can only complete in the UK, and plan for that in advance rather than during a crisis.

When it usually goes wrong

Common questions

Read next

• LPAs if you live abroad or own overseas assets
• Replacement attorneys on an LPA