Power of attorney when you live abroad

The eligibility line is the one movers most often get wrong. Per gov.uk: you must be 18 or over and have mental capacity when you make the LPA, and you do not need to live in the UK or be a British citizen to make one. What is bounded is the territory the instrument covers — the same guidance states an LPA works in England and Wales only, with different ways to make a power of attorney that works in Scotland or Northern Ireland. Living in Lisbon does not stop you making one; it simply does not extend the LPA to Portugal.

Source: gov.uk — Make, register or end a lasting power of attorney, read 14 September 2026.

An LPA is not usable until it is registered. Per gov.uk you register it with the Office of the Public Guardian, which will take 8 to 10 weeks if there are no mistakes in the application, and applying to register an LPA costs £92 unless you get a reduction or exemption. The guidance also covers certifying a copy, reporting changes, removing an attorney and ending the LPA — worth reading before you appoint someone several time zones away, since every later change runs through the same office.

Source: gov.uk — Register a lasting power of attorney, read 14 September 2026.

Here is the practical trap: an England-and-Wales instrument governs England-and-Wales assets and decisions. A bank, notary or hospital in your new country applies its own law on who may act for you, and may want a local instrument — in Spain or France that conversation usually starts with a notary. Where a UK document is accepted at all, expect it to need legalisation and translation first: see apostilles and sworn translation. Ask the institution that will rely on it, in the country where it will be used, before you pay for anything; gov.uk governs the UK side only.

Source: gov.uk — Make, register or end a lasting power of attorney, read 14 September 2026.