Powers of Attorney for Internationally Mobile Individuals

Power of attorney (POA) arrangements allow a trusted person — your attorney — to make decisions and take actions on your behalf, typically in circumstances where you are unable to do so yourself due to incapacity, illness, absence, or other reasons. For internationally mobile individuals, the question is not simply whether to have a POA, but how to ensure that the right POA instruments are in place, in the right form, to cover assets and decisions in every relevant jurisdiction.

Why This Matters More for Internationally Mobile Individuals

For someone with a single-country financial life, a domestic POA is usually sufficient. For internationally mobile individuals, the picture is more complicated:

• You may have bank accounts, investment portfolios, or property in several countries.
• Your country of residence may be different from the countries where your assets are held.
• If you lose capacity — through accident, illness, or cognitive decline — your family's ability to manage your affairs depends on having legally recognised authority in each country involved.
• Without the right documents, family members may face expensive and time-consuming court applications in multiple jurisdictions to obtain authority to act — a process that can take months or years.

Planning ahead, before any loss of capacity, is essential. POA applications must generally be made by the donor (the person granting authority) while they still have mental capacity.

The UK Lasting Power of Attorney

In England and Wales, the Lasting Power of Attorney (LPA) is the standard instrument for granting a trusted person authority to act. There are two types:

Property and Financial Affairs LPA

Authorises your attorney to deal with:

• Bank and building society accounts
• Investments, savings, and financial portfolios
• Real property (buying, selling, managing, mortgaging)
• Tax affairs (completing returns, dealing with HMRC)
• Business affairs
• Benefits and pension claims on your behalf

A Property and Financial Affairs LPA can be used either as soon as it is registered (useful if you travel frequently or are based abroad) or only when you lose capacity — the donor chooses at the time of creation.

Health and Welfare LPA

Authorises your attorney to make decisions about:

• Medical treatment and consent to procedures
• Care arrangements
• Where you live (including care homes)
• Day-to-day welfare decisions

A Health and Welfare LPA can only be used when you lack the mental capacity to make the relevant decision yourself.

Registering an LPA

Both types of LPA must be registered with the Office of the Public Guardian (OPG) before they can be used. Registration currently takes several weeks to months (backlogs have been significant); register well before you need it. There is a registration fee (£92 per LPA as of 2026, increased from £82 on 17 November 2025, though this is subject to change). LPA forms are available online; a solicitor can assist with drafting, particularly where the arrangements are complex.

UK LPA and Non-UK Residents

A UK LPA is effective for UK assets regardless of where the donor lives. If you are a non-UK resident with UK investments, property, or pension accounts, a UK LPA remains valuable and should be in place. However, it has no automatic authority over assets held outside the UK.

International Recognition of POA Documents

Foreign institutions — banks, investment houses, land registries — will typically require that a foreign POA document be:

1. Formally valid under the law under which it was created.
2. Authenticated: in most cases, this means the document has been notarised (signed before a notary public) and then apostilled (authenticated by the relevant government authority under the Hague Apostille Convention) to certify its validity for use in another Hague signatory country.
3. Translated: if the document is in a different language from the jurisdiction where it is being used, a certified translation is usually required.

Even with notarisation and apostille, recognition is not guaranteed. Civil law countries have their own requirements for acceptable POA instruments; some may require a locally drafted POA to govern local assets.

Jurisdiction-Specific POA Arrangements

EU Member States

Most EU countries recognise a foreign POA that has been notarised and apostilled, though in practice, locally drafted instruments are often preferred by local institutions. For significant assets in any EU country (particularly real property), consider instructing a local notary or lawyer to prepare a locally valid POA. In Spain, France, and Italy, powers of attorney for real property transactions must typically be executed before a notary.

Cyprus

Cyprus is an EU member state and a common law jurisdiction (a legacy of British administration). Cypriot law recognises powers of attorney that follow common law formalities. A UK LPA is not automatically effective in Cyprus but a notarised and apostilled general power of attorney from England and Wales is generally accepted by Cypriot institutions.

UAE

The UAE civil law system requires that a POA be attested at the relevant UAE Embassy or Consulate in the donor's country, and then re-attested by the UAE Ministry of Foreign Affairs on arrival. This process involves notarisation, apostille, and attestation. For UAE assets, particularly property, locally drafted POAs through a UAE notary are the most straightforward approach.

US and other common law countries

The US, Australia, Canada, and other common law countries generally recognise foreign POAs meeting their own formality requirements. The form of POA and the specific requirements vary by US state; always take local legal advice for significant US assets.

What Happens Without a POA: The Consequences of Planning Gaps

If you lose mental capacity — through a sudden accident, a stroke, or advancing cognitive decline — without appropriate POA arrangements, the consequences for your family can be severe:

UK consequences: your family cannot access your UK bank accounts or manage your UK investments or property without a Court of Protection deputyship order. Applications to the Court of Protection involve significant legal costs (often thousands of pounds) and can take many months, during which your financial affairs may effectively be frozen. The appointed deputy is subject to ongoing court supervision and must report annually.

Overseas consequences: in civil law countries, applications to the relevant court for authority to manage an incapacitated person's affairs can be slower, more expensive, and in some jurisdictions more restrictive. In countries without robust court systems, the process can be extremely difficult.

Healthcare consequences: without a health and welfare LPA (or local equivalent), medical staff may be unable to involve your family in treatment decisions to the extent you would wish. Different countries have different default rules about family authority in healthcare; in some, a spouse has automatic authority; in others, a court order is required.

Making an Internationally Effective POA Arrangement

A pragmatic approach for internationally mobile individuals:

1. UK LPA (Property and Financial Affairs and Health and Welfare): essential if you have UK assets or are likely to spend time in the UK. Register both with the OPG.

2. General notarised POA for overseas use: a broad power of attorney drafted by a UK solicitor, signed before a notary public, and apostilled can serve as a basis for recognition in most Hague Convention countries. This is more flexible than an LPA in that it can be used immediately and carried to different countries.

3. Jurisdiction-specific POAs where needed: for significant assets in any single country (particularly real property), instruct a local lawyer to prepare a locally valid instrument.

4. Healthcare directive / advance directive: separately from a POA, an advance directive or living will (recognised in various forms across jurisdictions) records your wishes about medical treatment in circumstances where you cannot express them. These are not legally binding everywhere, but they provide important guidance to medical staff and family.

5. Brief your attorney: ensure your chosen attorney understands what is expected of them, where your assets are, and where to find the relevant documents. A letter of wishes accompanying the POA documents can provide guidance.

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The information in this guide is for general educational purposes only and does not constitute financial, legal, or medical advice. The law on powers of attorney and mental capacity varies by jurisdiction and changes over time. Seek independent legal advice in all relevant jurisdictions before making any power of attorney arrangements.

How Global Investments Can Help

Global Investments advises internationally mobile clients on the full range of estate planning documentation, including co-ordinating power of attorney arrangements across jurisdictions. We work with our network of legal advisers in Cyprus and across key jurisdictions to ensure that appropriate authority structures are in place for all significant assets. Contact our advisory team to discuss your situation.