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  1. #1
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    Default Power of Attorney issue

    For those of you with a parent in long distance from you; specifically in a different country from where you reside and work. How does that work? Does the foreign country have a decree that the appointed person have to be a resident of said country where patient is?

    I'm trying to navigate that with my mother who is based in Ireland and was just admitted to the hospital recently. I only just found out from my uncle who was listed as her next of kin, because he is physically closest as far family is, that mum still haven't gotten anyone appointed to be her POA, which is disappointing. Last i saw her in October at her previous hospital stay, she said she'd look into it. But honestly what recourse does a family member who is overseas have when a parent haven't set anyone up to be POA?
    Mummy to DS1-6/11 and DS2-1/14

  2. #2
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    Like all law, this is very very country (and state in the US) specific. In addition to the technical requirements of the laws, there may also be practical reasons while being overseas makes it impossible to effectively serve as the agent. The general alternative to a PoA is guardianship/conservatorship (which google tells me is "wardship" in Ireland).

    http://www.citizensinformation.ie/en..._of_court.html
    DS1 - 8/08 - ff'ing in a frontier 85 & frontier 90
    DS2 - 5/10 - ff'ing in a radian XTSL
    DD - 5/12 - rf'ing in a peg perego convertible & radian XTSL

    Too many strollers to list!

  3. #3
    niccig is offline Clean Sweep forum moderator
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    Default Power of Attorney issue

    My parents put my 2 sisters and I as POA, and all of us live overseas. I have no idea how it will work out. Also doesn't help that I'm the only one that signed, Mum hasn't gotten around to getting my 2 sisters to sign and she put one sister's last name as married name, but my sister didn't change her name and is now divorced. We all told her my sister didn't change her name, but she argued my sister told her so did. She didn't. I don't see my parents getting it changed as took forever to draw it up in first place. So I think I'm it for both POA and executor of will. Great. It's going to be a huge mess, which was a given with my parents.


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    Last edited by niccig; 04-13-2017 at 10:37 PM.

  4. #4
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    Quote Originally Posted by legaleagle View Post
    Like all law, this is very very country (and state in the US) specific. In addition to the technical requirements of the laws, there may also be practical reasons while being overseas makes it impossible to effectively serve as the agent. The general alternative to a PoA is guardianship/conservatorship (which google tells me is "wardship" in Ireland).

    http://www.citizensinformation.ie/en..._of_court.html
    Thanks! I actually find bit of useful infomation that'll help me to navigate. I'm in the process of procuring an attorney in Dublin to do this for my mum and me. The main sticking point it has to be done while she is healthy and of sound mind.
    Mummy to DS1-6/11 and DS2-1/14

  5. #5
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    Quote Originally Posted by DualvansMommy View Post
    Thanks! I actually find bit of useful infomation that'll help me to navigate. I'm in the process of procuring an attorney in Dublin to do this for my mum and me. The main sticking point it has to be done while she is healthy and of sound mind.
    Yes, exactly. It's when you wait too long that you have to go the guardianship route. I hope your mother cooperates with this (and that you won't actually need to use it for a while).

    If she owns property in any other countries, check its requirements as well - some you may be able to use the Irish one (possibly with additional certification or some kind), or it may make sense to do one for the other country as well.
    DS1 - 8/08 - ff'ing in a frontier 85 & frontier 90
    DS2 - 5/10 - ff'ing in a radian XTSL
    DD - 5/12 - rf'ing in a peg perego convertible & radian XTSL

    Too many strollers to list!

  6. #6
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    As pp said, this is country-specific, but if you find that it's fine in Ireland, you should be good to go. I had absolutely no trouble managing my mom's finances and health decisions from Canada for the past 2 yrs. as POA. She lived in MI. Most places were very willing to work with me over the phone or via email as long as they had a copy of the POA from the attorney. But do get it in place before your mom declines further. Dealing with guardianship and an ill person who is uncooperative can be a nightmare.
    DS, Summer '07

    "My friends, love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we’ll change the world." ~Jack Layton

  7. #7
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    Quote Originally Posted by MontrealMum View Post
    As pp said, this is country-specific, but if you find that it's fine in Ireland, you should be good to go. I had absolutely no trouble managing my mom's finances and health decisions from Canada for the past 2 yrs. as POA. She lived in MI. Most places were very willing to work with me over the phone or via email as long as they had a copy of the POA from the attorney. But do get it in place before your mom declines further. Dealing with guardianship and an ill person who is uncooperative can be a nightmare.
    Right - I meant if her mother *owns* property in another country (say the UK, or the US, or whatever). Managing things by the agent from overseas is usually fine, unless the other country has strict laws about appearing in person to be able to use it - this has come up with a few Caribbean countries in my practice.
    DS1 - 8/08 - ff'ing in a frontier 85 & frontier 90
    DS2 - 5/10 - ff'ing in a radian XTSL
    DD - 5/12 - rf'ing in a peg perego convertible & radian XTSL

    Too many strollers to list!

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