Can Someone Living Abroad Apply for Deputyship? What You Need to Know

In our increasingly global world, it’s not uncommon for close family members of vulnerable adults to be living abroad. One question I often encounter as a Court of Protection lawyer is whether someone living overseas can apply to be appointed as a deputy for a loved one in England or Wales who has lost capacity. The answer is yes, but with some important caveats and considerations.

Can Someone Living Abroad Be a Deputy?

Yes, it is legally possible for someone who lives outside of the UK to apply to be appointed as a deputy by the Court of Protection. The Court does not automatically exclude overseas applicants. However, the applicant must demonstrate that they are suitable, willing, and able to fulfil the role responsibly, despite not being physically present in the UK.

The most common scenarios involve children, siblings, or other close relatives who have relocated abroad for work or family reasons but still want to support a loved one in the UK.

Challenges Faced by Overseas Deputies

While the Court may be open to the idea, being a deputy from abroad is not without its challenges. Below are some of the key issues international deputies may face:

1. Practical and Logistical Difficulties

Deputies are expected to manage finances, deal with banks, pay bills, and liaise with care providers. Doing this from abroad can be difficult due to time zone differences, international call costs, and potential issues with verifying identity remotely.

2. In-Person Requirements

While much of the deputy’s role can be carried out remotely, there may be situations that require a physical presence, such as inspecting property, attending care reviews, or managing personal belongings. Being overseas may limit a deputy’s ability to respond promptly to urgent needs.

3. Supervision and Scrutiny

Deputies are supervised by the Office of the Public Guardian (OPG), and those living abroad may come under increased scrutiny simply because the OPG cannot easily engage with them in the same way as a UK-based deputy.

4. Banking and Financial Restrictions

Some UK financial institutions may be reluctant to deal with deputies who are based overseas, especially when setting up deputyship accounts or signing documents that require certified UK-based identity verification.

How to Mitigate These Challenges

While there are certainly hurdles, many of them can be managed with careful planning. Here are some steps that overseas deputies (or prospective deputies) can take to make their role more effective and less burdensome:

1. Appoint a Co-Deputy Based in the UK

One of the most effective solutions is to apply jointly with someone who lives in the UK. This co-deputy can handle tasks that require a local presence, while the overseas deputy remains actively involved in higher-level decision-making.

2. Use a Professional Deputy for Complex Matters

Where finances are substantial or complex, it may be appropriate to appoint a solicitor or professional deputy to act either solely or alongside a family member. This provides continuity, expertise, and ensures compliance with legal obligations.

3. Delegate Day-to-Day Tasks (with Caution)

Although deputies cannot delegate decision-making responsibility, they can use agents to assist with practical matters, such as employing a UK-based accountant, care coordinator, or solicitor. However, ultimate accountability always remains with the deputy.

4. Use Digital Tools and UK-Based Addresses

Setting up UK-based bank accounts with online access, secure cloud storage for important documents, and communication tools like Zoom can help bridge the gap. Some deputies also use a trusted UK address (such as a sibling’s or solicitor’s office) for correspondence.

5. Keep Detailed Records and Communicate Regularly

Deputies must report annually to the OPG. Clear, thorough record-keeping is especially important for overseas deputies. Regular written updates to other family members or professionals involved in the person’s care can also demonstrate transparency and proactive management.

Final Thoughts

The Court of Protection recognises that being geographically distant does not prevent someone from being devoted, capable, and responsible. That said, the role of a deputy is serious, and the challenges of managing it from abroad should not be underestimated.

If you are considering applying for deputyship from overseas, it’s wise to seek early legal advice. A well-prepared application and a realistic plan for fulfilling the role can make all the difference in securing the Court’s approval and ensuring the best outcome for your loved one.

If you’d like to speak confidentially about your situation, our specialist Court of Protection team is here to help.