LPAs, living abroad and overseas assets
Guidance from Estate Advisory Group
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 free check flags overseas assets and tells you to take regulated advice — see what we do and do not do.
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.
Read next
Ready to make yours?
Answer five quick questions to see whether our service suits you. No account and no payment needed.
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