Hi, my Mum is in the UK. I am in Australia. My sister is in the UK. My Mum wants me to be sole POA. I've talked her down to me and my sister being joint attorney's (not joint and severally, it will be both of us having to sign off on all decisions) The UK solicitor has advised against it. Is it feasible to be a POA from Australia? Has anyone done it and what problems am I likely to run in to? It's still at the draft stage. I don't want Mum to spend money setting this up only to find it's unworkable when the time comes and I don't want to have to fly back to sign doc's.

I spoke to a solicitor in the UK about this recently. The advice was that there is no reason you cannot have POA if living abroad, almost everything is done electronically nowadays, signatures via such programmes as Docusign, etc. Much the same as being Executor on a Will. In our case its too late, a family member unfortunately convinced mum that I couldn't do it from Aus, but I now know that legally this was not correct advice, and if you feel this is the best route for your family, I would find a different solicitor who can facilitate it.

Thank you for my reply. That's part of my concern that the solicitors don't seem too modern or keen to do this. I'm so sorry things didn't work out for you.

The POA or LPOA is very important. There is probably a good reason why your parent wanted you to be sole POA, so you should ask about that also. Living abroad is not such a barrier any more but the POA is important as it can be used to show accountability for your actions during any period which you acted on behalf of your parents prior to them passing away. In the case of a sibling acting on their own you have no control over what's happening nor do they have any motivation to inform you what's going on. If the solicitors are useless go to a new one.

I'm not in Australia but I live in the US and am on my mother's POA jointly with my brother. I was also my father's attorney. t's never been an issue at all, everything is electronic these days anyway so even with my Dad passing away and all of the probate/funeral/hassle, there was no time I needed to be in the UK for any of it.

Thank you for sharing your experience.

That was always my understanding too. I was a joint executor on Dad's will, and that was back in 2006, everything was electronic & done from Aus, although I was in the UK for a while at the start. I was always under the impression a POA/LPOA could be managed the same if ir was ever needed, and was ----errrr ----surprised to find out what had happened behind my back a couple of years ago

Exactly. It accounts for actions, and expenditure which can be immensely important. without it, no-one else, including the unrepresented siblings, have any idea what is going on, and as I understand it, other siblings/relatives do not even have to be told if the POA is invoked, In an uncommunicative family that can be a disaster for the subject of the POA/LPOA.
I agree that if the current solicitor is reluctant, find a new one. The wishes of the parent here are the priority, they will have their reasons.

Part of life unfortunately - at some point many of us find that our families are not quite what they believed them to be. I hope you can find someone to help.