Key takeaways
- GOV.UK states that a lasting power of attorney is legally binding only in England and Wales and may not be recognised in other countries.
- A power of attorney for use abroad is usually signed before a UK notary, then apostilled by the FCDO Legalisation Office.
- The FCDO apostille fee is £45 per document for the standard paper service and £35 for an e-Apostille.
- Whether the translation is done in the UK or by a sworn translator abroad depends on the receiving country, so ask the notary, bank or registry before you start.
This guide is for people who need someone to act for them in another country: selling a flat in Spain, managing a bank account in Poland, dealing with an inheritance in Italy or signing company documents in Romania. It is also for the solicitors and notaries who prepare those documents.
It explains why the power of attorney you already have may not work abroad, how notarisation, apostilles and translation fit together, and what to ask before paying for any of them. For the wider context, see our legal translation guide.
What is a power of attorney, and which types exist in the UK?
A power of attorney is a legal document in which one person (the donor) authorises another person (the attorney) to act on their behalf. In England and Wales, the Powers of Attorney Act 1971 requires that "an instrument creating a power of attorney shall be executed as a deed by the donor of the power".
Two broad types matter for use abroad:
- General or specific power of attorney. A deed giving authority for a defined purpose, such as selling a named property. It is often drafted for a single transaction.
- Lasting power of attorney (LPA). A document registered with the Office of the Public Guardian that continues to work if the donor loses mental capacity. There are two types: health and welfare, and property and financial affairs.
Scotland and Northern Ireland have their own powers of attorney and procedures.
Can a UK lasting power of attorney be used abroad?
Often it cannot, or not without difficulty. GOV.UK states plainly: "Your LPA will be legally binding only in England and Wales." The guidance on making an LPA adds that a property and financial affairs LPA "can only be used for your properties and assets in England and Wales".
The Office of the Public Guardian's guide to making an LPA says an LPA "may not work in other countries, including Scotland and Northern Ireland", and suggests legal advice if the donor lives or has property outside England and Wales. Registering an LPA costs £92, according to GOV.UK, so check whether it will be accepted abroad before relying on it for a foreign transaction.
In practice, many people sign a separate power of attorney drafted for the foreign country, often in a format a local lawyer or notary provides.
In what order should you notarise, apostille and translate a power of attorney?
The usual order is: draft, sign before a notary, apostille, then translate, but the receiving country decides. Some countries want the translation attached before the apostille; others want a translation made locally after it. Confirm the order in writing with the person abroad who will use the document.
- Get the draft from the receiving side. A bank, land registry or foreign notary often has its own wording. Ask for it, ideally bilingual.
- Translate the draft for the donor, if needed. The donor must understand what they are signing. A reading translation at this stage avoids surprises.
- Sign before a UK notary. The notary verifies identity and capacity and certifies the signature.
- Apostille the notarised document. The FCDO Legalisation Office can legalise documents "certified by a UK 'public official', such as a UK notary or solicitor", including "a power of attorney", according to GOV.UK.
- Translate the final document, including the apostille. If the receiving authority needs a translation, it usually wants every page translated, including stamps, seals and the apostille certificate.
- Certify or swear the translation as required. Some countries accept a UK certified translation; others require a sworn translator registered in that country.
Our article on whether to translate before or after an apostille explains the trade-offs in more detail.
How much does an apostille cost, and how long does it take?
The FCDO apostille fee is £45 per document for the standard paper service and £35 for an e-Apostille, plus courier or postage for paper documents. Registered businesses can also use a £40 next-day service and a £100 restricted urgent service, according to GOV.UK.
The standard paper service usually takes up to 25 working days plus delivery, while an e-Apostille takes up to 2 working days. An e-Apostille requires a PDF electronically signed by a UK notary or solicitor, so check that the foreign authority accepts electronic apostilles before you choose it. See e-Apostilles explained for more.
Bilingual or translated power of attorney: which is better?
A bilingual power of attorney, with both languages side by side in one deed, is often the cleanest option when the foreign notary accepts it. A separate translation is the norm when the receiving authority wants a sworn or certified translation attached to the original.
| Option | How it works | Advantages | Watch out for |
|---|---|---|---|
| Bilingual deed | English and foreign text in parallel columns, signed once before the notary | The donor signs a text they can read; no translation of the signed document is needed afterwards in some countries | The foreign authority must accept it; both texts must match exactly |
| English deed plus UK certified translation | Signed in English, translated and certified in the UK | Fast and controlled from the UK | Some countries reject translations not made by their own sworn translators |
| English deed plus sworn translation abroad | Signed in English, translated by a sworn translator in the destination country | Normally accepted by local authorities | Extra time and cost abroad; the apostille page must be included |
For country-by-country rules on sworn translators, see our article on sworn translators in Europe.
What makes power of attorney wording hard to translate?
Power of attorney wording is hard to translate because each clause defines exactly what the attorney may do, and many civil-law systems express those powers in fixed formulas. A broad English phrase such as "to deal with" a property may need to be replaced by a list of specific acts, such as selling, signing the deed of sale and receiving the price.
Terms such as "deed", "attorney" and "notary" also carry different meanings across systems. In many civil-law countries a notary is a legally trained public officer who drafts and authenticates deeds, which is a wider role than most notaries in England. Our article on common law and civil law terminology covers these differences.
Common mistakes with powers of attorney for use abroad
Most rejected powers of attorney fail on format, not on the quality of the translation. These are the mistakes we see most often.
- Assuming an LPA will work abroad. GOV.UK says it may not be recognised outside England and Wales.
- Translating before the wording is agreed. If the foreign notary edits the draft, the translation must be redone.
- Leaving the apostille untranslated. Many authorities want every stamp and certificate translated.
- Misspelling names and ID numbers. Names, passport numbers and property descriptions must match local registers exactly, including diacritics.
- Using a UK certified translation where a sworn translation is required. Ask the receiving authority which it needs.
- Granting powers that are too vague. Civil-law registries may reject general wording that does not list the specific acts authorised.
How TranslationWorks can help
TranslationWorks is a UK-based translation agency that translates legal documents such as powers of attorney through native-speaking professional linguists, in more than 150 languages, including Spanish, Italian, Polish and Romanian. TranslationWorks is registered to ISO 17100, the international standard for translation services. Notarisation, apostilles and sworn translation follow the rules of the country where the document will be used. When you request a free quote, tell us where the translation will be submitted and what format the authority requires, and we will confirm what we can provide. Our legal translation service page explains the documents we handle.
