Power of Attorney for Expats: Protecting Yourself and Your Affairs Across Borders

Power of attorney is one of the most important legal documents you can create — and one of the most frequently postponed until it is too late. For expats, the stakes are higher than for people living domestically. If you lose capacity or become incapacitated while living abroad, and you have no power of attorney in place, the process of managing your UK financial affairs becomes legally complex, expensive and potentially distressing for your family.

This guide explains the types of power of attorney available in the UK, how they work from abroad, how to create them from overseas, and the international dimension — including what happens when you need a power of attorney to operate in your country of residence.

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Types of Power of Attorney

Ordinary Power of Attorney (OPA)

An ordinary power of attorney grants another person (the attorney) authority to act on your behalf for a specific purpose or period. Crucially, it becomes void if you lose mental capacity — the very situation where you most need it. OPAs are useful for specific purposes such as authorising someone to sign property documents on your behalf during a particular transaction.

Lasting Power of Attorney (LPA)

An LPA continues to be valid — or can only be used — when you have lost capacity (depending on the type and how it is structured). Under the Mental Capacity Act 2005, there are two types of LPA in England and Wales:

1. Property and Financial Affairs LPA Authorises your attorney to manage your financial affairs: bank accounts, investments, property, bills, tax returns, and any other financial matters. Can be used as soon as it is registered, or only when you lack capacity (you choose which).

2. Health and Welfare LPA Authorises your attorney to make decisions about your medical treatment, care arrangements and daily life. Can only be used when you lack capacity to make those decisions yourself.

Enduring Power of Attorney (EPA)

EPAs were replaced by LPAs in England and Wales in October 2007. However, EPAs made before that date remain valid. If you have an existing EPA, it should continue to function, but check with a solicitor whether it is fit for purpose given your current circumstances.

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Why Expats Need LPAs

As an expat, the need for LPA is accentuated by several factors:

You are not physically present. If something unexpected happens to you — a serious accident, sudden illness, or mental health crisis — someone needs the legal authority to manage your UK bank accounts, pay your UK mortgage, deal with your UK tax returns, and manage your UK investments. Without an LPA, no one has this authority automatically, not even a spouse.

Distance makes improvisation impossible. In a domestic context, a family member might be able to manage practical affairs informally for a short period. From abroad, the administrative and legal barriers are significant.

You may lose capacity abroad. If you suffer a serious medical event abroad and cannot communicate your wishes, decisions about your care and repatriation may need to be made without a clear legal mandate.

UK institutions are cautious. Banks, HMRC, pension providers and investment platforms routinely require formal authority before allowing third parties to act. An attorney acting under a registered LPA provides that authority clearly.

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Creating an LPA from Abroad

You can create a UK LPA while living abroad. The process involves:

1. Choosing your attorneys: You can appoint one person or several. Consider appointing a substitute attorney in case your primary attorney is unavailable or unable to act.

2. Completing the forms: LPA forms are provided by the Office of the Public Guardian (OPG) and can be completed online via the government's digital LPA service (recently modernised — as of 2026, the new digital system is being rolled out). Paper forms are also available.

3. Certificate provider: The form requires a certificate provider — someone who certifies that you understand the document and are not under undue influence. This must be an independent person who knows you personally or a professional (solicitor, doctor). For expats completing documents remotely, a video-witnessed certificate may be possible, but regulations should be verified with a UK solicitor.

4. Witnessing signatures: Your signature must be witnessed. A witness must be present in person when you sign. If you are abroad, you can sign in the presence of a witness in your country of residence.

5. Notarisation and apostille (where required): For documents signed outside the UK, some institutions may require notarisation (certified by a local notary) and an apostille (an internationally recognised certification under the Hague Apostille Convention). A UK solicitor can advise on what is required.

6. Registration: The LPA must be registered with the Office of the Public Guardian before it can be used. Registration costs £92 per LPA (the fee rose from £82 to £92 on 17 November 2025, with fee remission available in some circumstances). The OPG processes applications in weeks under the new digital system (historically it took months). The LPA cannot be used until it is registered.

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Acting Under LPA from Abroad

Once your LPA is registered, your attorney can act on your behalf in the UK. Practical considerations:

• Banks: UK banks will require a certified copy of the registered LPA. Attorneys should obtain several certified copies when registration is complete.
• Investments and pensions: Investment platforms and pension providers each have their own procedures for recognising attorneys. Some are straightforward; others are cumbersome.
• Property transactions: A registered LPA gives full authority to sign property documents, although solicitors acting on property transactions will want to see the original or certified copy.
• HMRC: Your attorney can deal with HMRC on your behalf in relation to UK tax affairs under a registered LPA. HMRC has its own process for recognising attorneys.

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What Happens Without an LPA: Deputyship

If you lose capacity without a valid LPA in place, your family must apply to the Court of Protection for a deputyship order. This process:

• Takes months (typically six months or more from application to appointment)
• Costs significantly more than creating an LPA in advance (court fees, solicitor costs, and ongoing supervision fees)
• Involves annual reporting obligations for the appointed deputy
• Can create family conflict if there is disagreement over who should be appointed

For expats who lose capacity abroad, the process is even more complex — UK proceedings may need to be managed remotely, and in some cases, parallel proceedings in the country of residence may also be required.

The message is clear: create an LPA while you have capacity and do not need it.

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International Power of Attorney

Your UK LPA governs your UK affairs. For assets and health decisions in your country of residence, a UK LPA may not be legally recognised.

Most countries have their own equivalent documents — procura in Italy and Spain, vollmacht in Germany, procuration in France, power of attorney in the US. The legal requirements, scope, and recognition of foreign POAs varies significantly.

For expats who have significant assets in a foreign country or who are resident abroad for a prolonged period, it is strongly advisable to create a local power of attorney in that country's language and form, governed by local law.

Key issues:

• Some countries require the POA to be executed before a local notary
• Some require an apostille to recognise a foreign-executed POA
• Some countries (particularly EU member states) have adopted EU regulations that facilitate cross-border recognition of powers of attorney within the EU
• The Hague Apostille Convention (covering over 120 countries) provides a framework for recognising official documents across borders

A local lawyer in your country of residence can draft an appropriate POA document and advise on recognition requirements.

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Advance Decisions and Living Wills

Separate from power of attorney, an advance decision to refuse treatment (sometimes called a living will or advance directive) allows you to specify in advance which medical treatments you refuse if you lose capacity. In England and Wales, a valid advance decision is legally binding on medical professionals.

For expats living abroad, an advance decision made under English law may not be directly enforceable in your country of residence. Equivalent documents in the local legal system should be considered for healthcare decisions related to your life in that country.

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Checklist: Power of Attorney for Expats

• Create both a Property and Financial Affairs LPA and a Health and Welfare LPA in the UK
• Choose attorneys carefully — consider age, location, availability and trustworthiness
• Appoint a substitute attorney in case the primary attorney is unable to act
• Register both LPAs with the Office of the Public Guardian
• Provide certified copies to key UK institutions (bank, investment platform, pension provider)
• Take legal advice on creating a local power of attorney in your country of residence
• Consider an advance decision (living will) for medical treatment preferences
• Review and update your LPAs if your circumstances change (new attorneys needed, assets change)
• Store LPA documents in a secure but accessible location — inform your attorney where the originals are

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This guide provides general information only and does not constitute legal advice. Power of attorney law varies by jurisdiction and is subject to change. You should seek advice from a UK solicitor and a lawyer in your country of residence.

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How Global Investments Can Help

At Global Investments, we recognise that sound financial planning includes planning for the unexpected. We work with expat clients to ensure their financial affairs are protected against incapacity and that their advisers, attorneys and family members have the information and authority they need to act effectively. We can connect you with UK solicitors experienced in creating LPAs for clients living abroad, and help you review the overall structure of your financial affairs to ensure they are resilient against unexpected events. Contact us to discuss your situation.