Powers of Attorney for Internationally Mobile Families

Few aspects of financial planning are more neglected — or more important — than powers of attorney. For internationally mobile families with assets, accounts, and responsibilities across multiple countries, the absence of a valid power of attorney in a relevant jurisdiction can bring financial and personal affairs to a complete standstill. The consequences of incapacity without adequate legal authority in place are severe: frozen bank accounts, inability to sell property, delays in medical decisions, and expensive court applications to appoint a deputy.

This guide explains what powers of attorney are, how they operate in different jurisdictions, and what internationally mobile individuals and families need to put in place to protect themselves and each other.

What Is a Power of Attorney?

A power of attorney (POA) is a legal document by which one person (the donor or principal) authorises another person (the attorney or agent) to act on their behalf in relation to specified matters. The attorney's authority is derived from the donor's own legal capacity and is exercised on the donor's behalf.

The key distinction is between:

• Ordinary (general) powers of attorney: effective only while the donor has mental capacity. They expire automatically on incapacity (the reverse of what most people want in estate planning).
• Lasting (or enduring) powers of attorney: specially designed to continue — or come into force — precisely when the donor loses mental capacity.

For estate planning and asset management purposes, enduring or lasting powers of attorney are almost always what families need.

Why Internationally Mobile Families Are at Greater Risk

For families living in one country with assets in the same country, a domestic power of attorney is usually sufficient. For internationally mobile families, the risks multiply:

• Assets in multiple jurisdictions: a UK Lasting Power of Attorney (LPA) does not automatically give an attorney authority over a bank account in France, a property in Spain, or an investment portfolio in Singapore.
• Living abroad: if you suffer incapacity while residing in another country, local healthcare and financial institutions may not accept a UK power of attorney without certification, translation, and apostille authentication.
• Different legal systems: civil law countries (including most of Continental Europe) have their own legal mechanisms for managing incapacity — mandats de protection future (France), Vorsorgevollmacht (Germany), poder notarial (Spain) — that may need to be established separately.
• Language barriers: even where a foreign power of attorney is technically valid, local institutions may be reluctant to act on an untranslated foreign document.
• Bureaucratic delays: applying for a court-appointed guardianship or deputyship in a foreign jurisdiction can take months and cost thousands of pounds in legal fees.

The result of failing to plan is typically either a complete freeze on assets and decision-making, or a costly and time-consuming court application in each relevant jurisdiction.

UK Lasting Power of Attorney

The Lasting Power of Attorney (LPA) was introduced in England and Wales by the Mental Capacity Act 2005. There are two types:

Property and Financial Affairs LPA

Authorises the attorney to manage financial matters: bank accounts, investments, property, pensions, and paying bills. This can be activated immediately (with the donor's consent) or only upon loss of capacity, depending on the specific wording.

Key points:

• The attorney must act in the donor's best interests.
• The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used — registration takes several weeks currently.
• The donor retains their own legal capacity to act while the LPA is registered (unless specifically restricted).
• Multiple attorneys can be appointed, acting jointly or jointly and severally (individually).

Health and Welfare LPA

Authorises the attorney to make decisions about medical treatment, care home placement, day-to-day welfare, and end-of-life decisions. This LPA can only be used once the donor has lost capacity.

Both types of LPA are strongly advisable for all adults. For internationally mobile individuals, the financial affairs LPA is particularly important given the complexity of managing assets across jurisdictions.

Registering and Using an LPA Abroad

A UK LPA can be used in many jurisdictions if it is properly authenticated. The standard process is:

1. Obtain the original registered LPA from the OPG.
2. Have the document apostilled by the Foreign, Commonwealth & Development Office (FCDO) — the apostille is a certification recognised under the Hague Convention.
3. Have the document translated into the local language by a certified translator.
4. Present the apostilled and translated document to the relevant foreign institution.

In practice, not all foreign institutions will accept a UK LPA without further steps. Some countries require a local notarial act or a confirmation by the local court. Banks and land registries in particular can be conservative. Early engagement with local professionals in each country where significant assets are held is essential.

Scotland and Northern Ireland

Scotland has its own legal system and operates Continuing Powers of Attorney (property and financial affairs) and Welfare Powers of Attorney under the Adults with Incapacity (Scotland) Act 2000. Northern Ireland operates under different legislation again. UK nationals with assets in Scotland or Northern Ireland may need separate Scottish or Northern Irish documents in addition to an English and Welsh LPA.

Republic of Ireland

Ireland operates its own Enduring Power of Attorney under the Assisted Decision-Making (Capacity) Act 2015. A UK LPA is not automatically valid in Ireland; a separate Irish document may be required for those with Irish assets or who are based there.

Continental Europe

Most EU member states have their own mechanisms for managing incapacity:

• France: the mandat de protection future allows an individual to appoint an attorney to manage their affairs in the event of future incapacity. Alternatively, a habilitation familiale may be available for family members. French law also recognises certain foreign powers of attorney, but banks and notaires can be difficult.
• Spain: the poder notarial is a general power of attorney executed before a notary. Spain has introduced a special "preventive power of attorney" that survives incapacity. It must be executed before a Spanish notary. A UK LPA apostilled and translated can be accepted, but local professionals frequently recommend a Spanish document as well.
• Germany: the Vorsorgevollmacht is a private power of attorney document that survives incapacity. No formal registration is required, but notarisation strengthens its position. Banks typically accept a notarised Vorsorgevollmacht.
• Cyprus: Cypriot law recognises powers of attorney. A UK LPA apostilled and translated can generally be presented to Cypriot institutions, though a locally drawn document may be advisable for property transactions.

The practical approach for clients with significant assets in Continental Europe is to create a local power of attorney (or equivalent) in each relevant jurisdiction, in addition to the UK LPA. This avoids reliance on cross-border recognition and ensures local institutions can act promptly.

Middle East

Countries in the Middle East — the UAE in particular — have their own notarial systems for powers of attorney. A UAE Power of Attorney executed before the relevant authority (DIFC Courts, Abu Dhabi Judicial Department, etc.) is required for UAE-based assets. These documents typically need to be registered locally and may need regular renewal (many UAE powers of attorney have a validity period).

For UAE residents with UK assets, the UK LPA (apostilled) is typically accepted by UK institutions. The reverse — a UAE power of attorney for UK use — requires the document to be formally recognised in the UK, which may involve court proceedings if not structured in advance.

Asia

Thailand, Singapore, Bali (Indonesia), and other Asian jurisdictions each have their own requirements. Indonesia requires powers of attorney to be executed before a notary and witnessed by specified parties; the document may need to be formally "legalised" at the relevant embassy. Singapore follows common law principles and generally accepts UK-style powers of attorney if apostilled.

Choosing Your Attorney

The choice of attorney is as important as creating the document. An attorney has wide powers and significant responsibilities. Consider:

• Trust and reliability: the attorney will have access to your assets and decision-making authority.
• Location: for practical management of affairs, an attorney based in the same country as the assets may be more effective than one in a different jurisdiction.
• Resilience: appointing a sole attorney creates a single point of failure. Consider appointing two attorneys, or a substitute who acts if the primary attorney cannot.
• Professional attorneys: for complex international estates, appointing a professional trustee or solicitor as attorney (alongside family members) adds expertise and accountability.
• Conflict of interest: attorneys who are also beneficiaries under the will should be alert to potential conflicts, particularly in relation to care home decisions that affect the estate.

Business Powers of Attorney

For business owners who are internationally mobile, a separate commercial power of attorney — authorising a trusted colleague or business partner to manage the business in the event of incapacity — is distinct from the personal financial affairs LPA and should be considered alongside it.

Reviewing and Updating

Powers of attorney should be reviewed regularly:

• On a change in country of residence.
• After significant changes in the asset profile (new property acquired abroad, new bank accounts opened).
• If the named attorney is no longer appropriate (death, divorce, estrangement, loss of capacity of the attorney themselves).
• Following changes in the law in relevant jurisdictions.

An LPA registered five or ten years ago may need to be updated to reflect current circumstances and the current state of the law in each relevant jurisdiction.

How Global Investments Can Help

At Global Investments, we work with internationally mobile families to identify the power of attorney gaps in their financial planning and coordinate with specialist lawyers in each relevant jurisdiction to ensure appropriate documents are in place.

We help clients to:

• Assess which jurisdictions require separate local power of attorney documentation.
• Coordinate the creation of consistent, legally robust documents across multiple countries.
• Ensure financial accounts and investment portfolios are properly documented for attorney access.
• Integrate power of attorney planning with the broader estate plan, will, and trust structures.
• Review and update arrangements as family circumstances and domicile change.

Powers of attorney are not a topic that should wait until poor health makes planning urgent. Creating them while fully capable — and properly structured for international affairs — is a straightforward step that can prevent enormous difficulty for the people you trust most. Legislation varies by jurisdiction and changes; all information in this guide reflects the position as of 2026. Please seek professional legal advice tailored to your individual circumstances and the specific jurisdictions where you hold assets or reside.