What is an overseas power of attorney?
An overseas or international power of attorney isn’t a special type of document. Instead, it’s a term for a standard power of attorney from one country that is legally recognised and used in another. The underlying document is usually one of the main types available in the UK:
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a General power of attorney, which gives someone else legal permission to make decisions on your behalf, while you are temporarily unavailable (eg because you're travelling)
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a Lasting power of attorney (LPA) (or the Scottish equivalent), which allows someone to handle your property, finances, health, and welfare if you lose the mental capacity to do so yourself
For example, if you live in the UK but own a holiday home in Spain, you might use a general power of attorney made in the UK to allow someone in Spain to manage or sell that property for you. The key is ensuring the power of attorney is legally valid and accepted in the country where it will be used.
When might you need an overseas power of attorney?
You'll likely need an overseas power of attorney if you live in one country but have assets or legal matters to deal with in another. Appointing someone local in the other country is often the simplest and most cost-effective solution. Some common situations include:
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buying, selling, or managing property abroad
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dealing with an inheritance in another country
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handling overseas bank accounts or investments
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being involved in legal disputes in a foreign court
Can my power of attorney live overseas?
Yes, the person you appoint as your attorney can absolutely live in a different country from you. In fact, in many situations, it’s the most practical and logical choice.
If you have property or financial affairs that need managing abroad, appointing an attorney who lives there can save a great deal of time, money, and hassle. For example, if you live in the UK but own a holiday home in Spain, choosing an attorney who is based in Spain means they'll be on hand to deal with local banks, agents, and legal matters without the cost and delay of international travel.
The most important thing is to ensure your power of attorney document is legally valid and recognised in the country where your chosen attorney will be acting for you.
How do you set up an overseas power of attorney?
You generally have two options when arranging for someone to manage your affairs in another country.
Make a power of attorney in the foreign country
This is often the most straightforward path. You'd make the document directly in the country where it will be used, following its specific local laws. This usually means you'll need to hire a local lawyer and sign the power of attorney in front of a notary.
Use a UK power of attorney abroad
Your other option is to use a document made in the UK. For it to be accepted in another country, it typically needs to be officially validated. This process involves getting the document professionally translated, certified by a UK notary, and then legalised by the Foreign, Commonwealth & Development Office (FCDO).
Can you use a UK power of attorney abroad?
Whether a power of attorney made in the UK can be used abroad depends entirely on the laws of the other country. Some countries will accept it, but most will require it to go through a formal validation process first. This usually means getting it 'legalised'.
What is legalisation and an apostille?
Legalisation is the official process of proving that the signature and/or seal on a public document is genuine so that it can be accepted in another country. In the UK, this is handled by the FCDO.
For countries that have signed the Hague Apostille Convention of 1961, the process is simpler. The FCDO will attach an apostille, a special certificate confirming the document’s authenticity. If the country isn't part of this convention, the process is more complicated and involves getting the document legalised by the FCDO and then by the embassy of the country where you want to use it. You’ll also likely need to get the document professionally translated.
How do you use a foreign power of attorney in the UK?
If a power of attorney was made in another country, its acceptance in the UK depends on where you want to use it.
In England and Wales
In England and Wales, a foreign power of attorney is generally considered valid if it was correctly made according to the laws of the country where it was created. However, institutions like banks or the Land Registry may be cautious about accepting it. They might ask for:
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the original document
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a certified translation into English
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a legal opinion from a lawyer qualified in the country where it was made, confirming its validity
In Scotland
The law in Scotland states that a foreign power of attorney is automatically valid if it was properly created in its home country. Despite this, some organisations may still be reluctant to accept it. To help with this, the Office of the Public Guardian (Scotland) can provide a certificate that you can show alongside the foreign power of attorney. This certificate helps explain the legal position and may make it easier for organisations to accept the document. You'll need to contact the Office of the Public Guardian (Scotland) directly to request one. For more information, read our guide on Power of attorney in Scotland.
Dealing with powers of attorney across different countries can be complicated. Do not hesitate to Ask a lawyer if you have any questions or need advice specific to your situation.
