Does an LPA cover Scotland or Northern Ireland?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
No. Each part of the UK runs its own separate system for planning ahead for a loss of capacity, and a Lasting Power of Attorney made under the Mental Capacity Act 2005 is an England and Wales document only.
Three legal systems, three documents
The UK does not have a single power of attorney system. England and Wales use the Lasting Power of Attorney under the Mental Capacity Act 2005, registered with the Office of the Public Guardian. Scotland has its own Adults with Incapacity (Scotland) Act 2000, under which people make a Continuing Power of Attorney (for finances) and/or a Welfare Power of Attorney, registered with the Office of the Public Guardian (Scotland) — a separate body with its own forms and fees. Northern Ireland still uses an Enduring Power of Attorney for finances, registered with the Office of Care and Protection, and has no direct welfare equivalent to the health and welfare LPA.
The three systems compared
| Where | Document | Registered with |
|---|---|---|
| England and Wales | Lasting Power of Attorney (LP1F / LP1H) | Office of the Public Guardian |
| Scotland | Continuing and/or Welfare Power of Attorney | Office of the Public Guardian (Scotland) |
| Northern Ireland | Enduring Power of Attorney | Office of Care and Protection |
This matters for anyone with connections across borders: a person who lives in England but owns a holiday home in Scotland, or a family split between Cardiff and Belfast, cannot rely on one document covering everything.
A worked example
Helen lives in Manchester and made a Lasting Power of Attorney naming her son as attorney. When she later inherits a cottage in the Scottish Highlands from an aunt, her English LPA does not automatically give her son authority over decisions connected to that Scottish property if Helen loses capacity — Scottish solicitors and the Scottish land register work under Scots law, and a purely English document may not be recognised without extra legal steps. Because Helen only visits the cottage occasionally and holds no Scottish bank accounts, her solicitor advises that a resealing or recognition process would likely work if it were ever needed, but recommends Helen at least flag the cross-border position to her son in writing so he is not caught out.
If you move permanently
- Recognition between jurisdictions exists in principle but is slow and often needs an application to the relevant court or public guardian's office.
- In practice, it is usually far simpler to make a fresh document under the rules of the country you now live in permanently.
- Keep both documents if you retain significant assets in more than one jurisdiction, and tell your attorneys clearly which one applies to what.
- Banks operating UK-wide will usually accept whichever document is valid in the jurisdiction where the specific account is held.
Common mix-ups
An LPA is not a UK-wide document
It is easy to assume that because an LPA is a UK government process, it must apply across the whole of the UK. It does not. If you, your assets, or your attorneys are based in Scotland or Northern Ireland, check which jurisdiction's rules actually apply before assuming your England and Wales paperwork is enough.
Our service
England and Wales only
We only prepare LP1F and LP1H forms under the Mental Capacity Act 2005. Our guided questions tell you early on if you are outside England and Wales, and point you towards the right national body instead.
Common questions
Does an LPA work abroad?
Sometimes, with translation and local formalities, though it is never guaranteed. See LPA if you live abroad.
What about a donor in Wales?
Wales uses exactly the same system as England under the Mental Capacity Act 2005, and Welsh-language versions of the forms are available from the OPG.
Can I have an England and Wales LPA and a Scottish Power of Attorney at the same time?
Yes, and this is common for people with assets or family connections in both jurisdictions. Each document only covers matters within its own jurisdiction.
Will an English LPA definitely be refused in Scotland?
Not necessarily refused outright, but it is not automatically recognised, and a bank or authority in Scotland may ask for a Scottish equivalent or a formal recognition process before accepting it.
Read next
Where this fits
This page is part of LPA basics. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Choose one LPA or both, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group