LPAs, living abroad and overseas assets
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
An England and Wales LPA covers assets and decisions here. It has no automatic effect in another country, and other countries have their own systems.
Who can make one
- The LPA must relate to England and Wales — typically because the donor lives here or holds assets here.
- Scotland and Northern Ireland have separate systems; an English LPA is not the right document there.
- A donor living abroad with UK property may still make one, but should take advice in both countries.
Attorneys who live abroad
There is no rule against it, but there are practical problems: banks often want an appointment and UK-format ID, signatures must be wet ink in person for the original document, and time zones make urgent decisions slow. Where one attorney is overseas, appoint a UK-based attorney alongside them, jointly and severally.
Overseas property
Beyond our service
A French, Spanish or Portuguese property will generally need a local mandate or equivalent instrument. Our guided questions flag overseas assets and tells you to take regulated advice — see what we do and do not do.
A worked example
Robert retired to Portugal but kept his house in Leeds and a UK bank account. He makes an England and Wales LPA appointing his sister, who still lives in Yorkshire, as attorney, because she can attend UK banks in person and deal with the Leeds property. Separately, on the advice of a Portuguese lawyer, he signs a Portuguese *procuração* covering his Portuguese apartment, since the English LPA has no standing there.
Signing an LPA from outside England and Wales
- The donor can sign abroad, but the certificate provider and witnesses must follow the same rules as in the UK — see who can witness an LPA.
- Original wet-ink signatures are still required; scanned or electronically signed forms are not accepted by the OPG.
- Postage from abroad adds time — build in extra weeks before the registration timeline starts.
Comparing jurisdictions
| Where you live/hold assets | Document needed |
|---|---|
| England and Wales | LPA (LP1F / LP1H) via the OPG |
| Scotland | Continuing power of attorney / welfare power of attorney |
| Northern Ireland | Enduring power of attorney system — see Scotland or Northern Ireland |
| EU/other country property | Local equivalent instrument, drafted by a local lawyer |
Common questions
Is a Scottish power of attorney the same?
No. Scotland has continuing and welfare powers of attorney registered with the Office of the Public Guardian (Scotland), under different law.
Can an attorney act from abroad once the LPA is registered?
Legally yes, but expect friction with banks and care providers. A UK co-attorney solves most of it.
Can a British expat with no UK assets still make an LPA here?
Usually not sensibly — if you have no assets or ongoing decisions in England and Wales, a local instrument in your country of residence is more useful.
Does Brexit affect any of this?
It has not changed how LPAs work; recognition of a UK LPA abroad always depended on the other country's own law, not EU membership.
Read next
Where this fits
This page is part of Parents, couples and capacity. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- What an LPA costs in 2026
Our £49 and £79 prices, the £92 OPG registration fee, and solicitor comparisons.
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
Helping a parent or partner?
They make the decisions and sign, you can do all the paperwork. Start with the free capacity check.
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