{"id":19088,"date":"2026-10-21T15:54:18","date_gmt":"2026-10-21T04:54:18","guid":{"rendered":"https:\/\/chuatan.com.au\/power-of-attorney-australia-foreign-client\/"},"modified":"2026-10-21T17:54:34","modified_gmt":"2026-10-21T06:54:34","slug":"power-of-attorney-australia-foreign-client","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/en\/power-of-attorney-australia-foreign-client\/","title":{"rendered":"Ageing Clients With Australian Assets: Capacity, Powers of Attorney and Frozen Accounts"},"content":{"rendered":"
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Advisers usually plan for a client\u2019s death. Loss of capacity is more common, can last for years, and causes more practical damage to Australian assets. A client with dementia cannot sign a contract of sale, renew a lease, refinance or instruct a bank. If nobody has clear authority in Australia, those assets freeze while expenses, land tax and loan repayments continue.<\/p>\n

Will an overseas power of attorney work in Australia?<\/h3>\n

Often not, or not easily. A Singapore Lasting Power of Attorney, or a power of attorney signed in Malaysia, Indonesia or Hong Kong, may not be accepted by Australian banks or land registries. The rules differ between Australian states, and the institution may insist on Australian-form documents or a court or tribunal order. Even where a foreign document is ultimately recognised, the delay can be significant.<\/p>\n

The straightforward answer is for the client to sign an Australian enduring power of attorney<\/strong> while they have capacity, in the form required by the state where the assets are located. It can be signed in Australia or overseas, if the witnessing rules are followed.<\/p>\n

If there is no valid power<\/h3>\n

In Victoria, the family must apply to VCAT (the state tribunal) for the appointment of an administrator for financial matters and, if needed, a guardian for personal matters. This involves medical evidence, notice to family members, and a hearing. Where family members disagree about who should be appointed, the application can become contested, and the tribunal may appoint an independent professional instead. Our firm can act as an independent administrator where that suits the family.<\/p>\n

Capacity disputes and financial abuse<\/h3>\n

RMs are often the first to notice a problem: unusual transfers, a new \u201cadviser\u201d, a child suddenly giving instructions. Under Australian law:<\/p>\n