Dementia Support Line
Advice
Can I use a power of attorney that a person with dementia made overseas?
Advice for when a relative or friend with dementia only has an overseas power of attorney.
Question:
My mum has dementia and lives with me in Wales. Can I access her UK bank account using the power of attorney she made in Australia while she lived there?
Answer:
This can be tricky. In England and Wales, the law allows banks (and others) to recognise an overseas power of attorney in many circumstances.
But if a bank sees something it’s not familiar with, it may reject it.
If you have assets in more than one country, it’s usually best to create powers of attorney in each country.
‘Assets’ could include things like savings or property.
What can my mum do now?
If your mum has assets in Wales or England, she could make a lasting power of attorney (LPA) for property and finance.
It would have to be her decision to make the LPA. She’d also need to have mental capacity to make one.
When needed, this LPA could be used to manage her property and savings in England and Wales. You can use her Australian power of attorney to manage any property or savings she still has in Australia.
What if she can’t make an LPA?
Try asking her UK bank to accept her Australian power of attorney. Perhaps ask them to check with their legal team.
Explain that your mum used to live in Australia and she made the power of attorney under Australian law.
If the bank won’t accept it, you could apply to the Court of Protection for one of two things:
- You could apply for a declaration that your mum’s Australian power of attorney can be used for assets in England and Wales. The bank would have to accept this.
- Or you could apply for financial deputyship. This would give you similar powers as an LPA for property and finance.
Bear in mind that applying to the Court of Protection for either of these can take many months and you may need legal help.
What if you’re in Northern Ireland (NI)?
NI is much like England and Wales when it comes to using an overseas power of attorney. But options include an enduring power of attorney (EPA) instead of an LPA and controllership rather than deputyship.
An EPA would be seen as ‘overseas’ in Wales or England, as would an LPA in NI. Because many banks operate throughout the UK, they’re more likely to accept both.
When to manage someone’s property and finances
Generally, you should only step in to manage your mum’s property and finances if she lacks the mental capacity to do it herself.
Even if she does not have capacity, try to involve her in making decisions as much as possible.
Getting legal help with power of attorney
If you need legal help, it’s a good idea to find a solicitor or legal executive who knows about dementia. To find one, you could try Lifetime Lawyers.
Make sure you get a clear idea of likely legal costs when you first speak to a lawyer.