Can An LPA Attorney Live Abroad?

Before we delve into the question of whether an LPA attorney can live abroad, let’s briefly recap what an LPA is. A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity or are unable to communicate. There are two types of LPAs:  

• Property and Financial Affairs LPA: This allows your appointed attorney to manage your financial affairs, such as paying bills, selling property, and making investments.
• Health and Welfare LPA: This allows your attorney to make decisions about your health and welfare, such as where you live, what medical treatment you receive, and who can visit you.

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For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

The Role of an LPA Attorney

An LPA attorney is the person you appoint to make decisions on your behalf based on the powers granted in your LPA. They are responsible for acting in your best interests and making decisions that align with your wishes and values.

Can an LPA Attorney Live Abroad?

The short answer is yes, an LPA attorney can live abroad. However, there are several factors to consider:

• Type of LPA: Whether your attorney can live abroad may depend on the type of LPA you have created. For example, if you have appointed someone to manage your property and financial affairs, their location may be less critical than if they are making decisions about your health and welfare.
• Nature of the Decisions: The specific decisions your attorney will need to make can also influence whether their location is a concern. For example, if they are primarily responsible for paying bills and managing investments, their location may not be as important as if they need to make decisions about your medical care or living arrangements.
• Accessibility: It’s essential to ensure that your attorney can be easily contacted and that they have access to the information and resources they need to make informed decisions. This may involve using technology or appointing a deputy attorney who lives closer to you.
• Legal Requirements: There may be specific legal requirements or limitations that apply to LPA attorneys who live abroad. These requirements can vary depending on the jurisdiction where your LPA was registered.

Challenges of Having an LPA Attorney Live Abroad

While it’s possible for an LPA attorney to live abroad, there are some potential challenges to consider:

• Communication: Distance can make it more difficult to communicate effectively with your attorney. This can be particularly challenging if you are unable to communicate verbally or if there are language barriers.
• Cultural Differences: If your attorney lives in a different country, cultural differences may affect their understanding of your wishes and values. It’s important to ensure that your attorney is aware of your cultural background and any specific preferences you may have.
• Time Zone Differences: Time zone differences can make it difficult to coordinate meetings or discuss urgent matters.
• Legal Framework: Understanding the legal framework in your attorney’s country may be necessary to ensure that they can act effectively on your behalf.

Tips for Appointing an LPA Attorney Who Lives Abroad

If you are considering appointing an LPA attorney who lives abroad, here are some tips:

• Clear Communication: Ensure that you have clear and open communication with your attorney. Discuss your expectations, preferences, and any specific concerns you may have.
• Contingency Plan: Develop a contingency plan in case your attorney is unable to act on your behalf due to illness, incapacity, or other reasons. This may involve appointing a deputy attorney or making alternative arrangements.
• Legal Advice: Seek legal advice from a specialist in Lasting Powers of Attorney to understand the implications of appointing an LPA attorney who lives abroad.

How we can help

We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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