Can an attorney live abroad?
Guidance from Estate Advisory Group
Legally yes. Practically, think hard before making an overseas relative your only attorney.
The practical problems
- UK banks often require in-branch identification for attorneys.
- Signing documents needs originals in the post, sometimes notarised.
- Welfare decisions need someone who can attend meetings and visit.
- Time zones and travel delay urgent decisions.
How to make it work
- Appoint a UK-resident attorney as well, jointly and severally.
- Name a UK-resident replacement attorney.
- Choose the overseas person for welfare, where continuity of relationship matters most, and a UK person for finances.
- Keep certified copies with the UK attorney.
Common questions
Does the attorney have to be a British citizen?
No. There is no nationality or residence requirement, only that they are 18 or over and not bankrupt for a financial LPA.
Can the donor live abroad?
An LPA covers England and Wales. If the donor lives elsewhere, see LPA if you live abroad.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group