LPA for UK Expats: Living Abroad But Protecting Assets in Britain

LPA for Expats: Managing UK Affairs From Abroad

If you're a British citizen living abroad, or you have assets in the UK while living elsewhere, you need to think carefully about Lasting Powers of Attorney. This guide explains how LPAs work for expats.

Do You Need a UK LPA?

You Likely Need One If:

• You own property in the UK
• You have UK bank accounts or investments
• You receive a UK pension
• You have family in the UK who may need to act for you
• You might return to the UK for care

UK LPAs Cover:

• Only assets and decisions in England & Wales
• UK bank accounts
• UK property
• Interactions with UK organisations

What UK LPAs Don't Cover:

• Assets in other countries
• Healthcare decisions abroad
• Property in other jurisdictions

Creating an LPA While Living Abroad

The Good News

You can create a UK LPA from anywhere in the world:

• Complete forms online or on paper
• Use an overseas address
• Have the LPA registered by the OPG

The Challenges

Some requirements need UK-based people:

• Witness: Must be present when you sign
• Certificate provider: Should ideally know you well

Solutions for Witnesses

Option 1: British Consulate Some consulates can witness signatures:

• Contact your local consulate
• They may charge a fee
• Not all consulates offer this service

Option 2: Visit the UK If you visit regularly:

• Arrange signing during a trip
• Have witness and certificate provider ready
• Complete all documents in one visit

Option 3: Witness Abroad Any adult can witness (doesn't have to be UK-based):

• A friend in your country
• A colleague
• A professional (solicitor, notary)

Certificate Provider Options

The certificate provider must:

• Be independent
• Know you well enough to assess capacity
• Not be a family member or named attorney

Options for expats:

• Long-standing friend (UK or abroad)
• Doctor who knows you
• Solicitor (UK or local)
• Professional you've known 2+ years

Choosing UK-Based Attorneys

Why UK-Based Matters

Your attorneys need to:

• Deal with UK institutions in person
• Sign documents in the UK
• Attend meetings if required
• Be available during UK business hours

Common Choices for Expats:

• Siblings or other family in the UK
• Parents (if appropriate)
• Adult children in the UK
• Trusted friends in the UK
• Professional attorneys (solicitors, accountants)

Can Your Spouse Be Attorney?

If your spouse also lives abroad:

• They can be attorney
• But practical difficulties with UK matters
• Consider UK-based backup attorneys

Replacement Attorneys Are Essential

For expats, replacement attorneys are critical:

• Primary attorney may become ill or die
• Distance makes quick changes difficult
• Multiple replacements provide security

Name at least 2-3 people who could step in.

What About LPAs in Other Countries?

Multiple Jurisdictions

If you have assets in multiple countries, you may need:

• UK LPA for UK assets
• Equivalent document in country of residence
• Additional documents for other countries

Country Examples:

• Spain: Poder Notarial
• France: Mandat de Protection Future
• USA: Durable Power of Attorney
• Australia: Enduring Power of Attorney

Getting Advice

Cross-border planning is complex. Consider:

• UK solicitor with international experience
• Local lawyer in your country of residence
• Specialist expat legal services

UK Healthcare Decisions as an Expat

If You Return to the UK for Care

A UK Health & Welfare LPA allows your attorney to:

• Make medical decisions
• Arrange care
• Decide where you live

If You Need Care Abroad

UK Health & Welfare LPA won't cover foreign healthcare—you need:

• Local equivalent document
• Or rely on local healthcare rules

The Smart Approach

Create:

UK Health & Welfare LPA (for potential UK care)

Equivalent in your country of residence

Property & Financial Affairs for Expats

What Your Attorney Can Manage:

• UK bank accounts
• UK property (sale, rental, maintenance)
• UK investments
• UK tax affairs
• UK pension

Practical Tips:

• Give attorney access to online banking
• Ensure they have property keys/access
• Keep them informed of UK financial affairs
• Provide clear instructions

Registration and Storage

Registering from Abroad

The OPG accepts applications from overseas:

• Online submission works from anywhere
• Payment by UK bank card or international card
• Correspondence sent to your overseas address

Storing Your LPA

Consider:

• Digital certified copy for you
• Original with UK attorney
• Copy with UK solicitor
• Registered at Land Registry (for property)

Costs for Expats

Standard UK costs apply:

• myLPA service: £74-140
• OPG registration: £82 per LPA
• Possibly notary/consulate witness fees

Plus potential costs for:

• Equivalent documents abroad
• International legal advice

Keeping Your LPA Current

Living abroad adds complications:

• Attorneys may lose touch
• Circumstances change
• Relationships evolve

Review your LPAs when:

• You change country of residence
• Major UK asset changes
• Family circumstances change
• Every 3-5 years regardless

Action Steps for Expats

Identify UK assets that need protecting

Choose UK-based attorneys who can act

Plan how to sign (visit or overseas witness)

Create UK LPAs for property and health

Consider local equivalents for where you live

Register and store securely

Keep attorneys informed of your UK affairs

Create Your UK LPA →

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*Cross-border estate planning is complex. This guide covers UK LPAs only. Seek professional advice for your specific situation.*