Anyone who lives in one country while retaining ties to another eventually needs someone else to sign something. A power of attorney is the instrument for that, and it is more particular than people expect — including about which country's version is needed.
| What it does | authorises someone to act for you |
|---|---|
| Key variable | which country's law governs it |
| Frequent failure | a valid document nobody will accept |
| Also important | whether it survives incapacity |
General and specific
A general power authorises broad action on your behalf. Convenient and correspondingly risky, since it usually cannot be limited once granted except by revoking it entirely.
A specific power authorises a defined act — selling one property, closing one account, representing you in one matter. More work to arrange and far safer.
The sensible default for most situations is specific. A general power is a standing authority over your affairs held by another person, and the reason to grant one should be a reason, not convenience.
Where a general power is genuinely needed, it should at least be time-limited.
Acceptance is the real problem
A power of attorney can be perfectly valid and still be refused by the institution you need it for. Common reasons:
- It was made under the wrong country's law for the asset or matter involved
- It is not in the form the receiving institution requires
- It was not notarised or legalised as required
- It is too old — many institutions decline documents beyond a certain age
- Banks in particular often insist on their own form, whatever the law says
The last is worth acting on directly. Ask the specific bank, registry or authority what they will accept before drafting anything — a document prepared to their stated requirement is accepted, while a technically valid one prepared in the abstract frequently is not.
Where property in another country is involved, the power usually needs to be made under that country's law, notarised, and then apostilled or legalised as set out in the material on foreign documents.
Incapacity
The distinction that matters most and is least understood.
An ordinary power of attorney ends automatically if you lose mental capacity — at precisely the moment it would be most needed. Many people grant one believing it covers that situation.
Systems provide different instruments for continuing authority — enduring or lasting powers, protective mandates, court-appointed representatives. What matters when living abroad:
- A document made in one country may not be recognised in another
- Some countries require registration before it can be used
- Some require court involvement instead
- Living in one country with assets in another may require an instrument in each
The consequence is worth stating plainly: a family may find that nobody has authority to act for a relative who is incapacitated abroad, and the remedy is then a court process in a foreign system, in a foreign language, at the worst possible time.
This is the part of the subject most worth arranging early, precisely because it cannot be arranged once needed.
Wills and succession
Related and equally affected by living across borders:
- A will made in one country may not be effective for assets in another
- Some systems impose forced heirship, reserving shares for particular relatives regardless of the will
- Some allow you to choose the applicable law, but only if the will says so explicitly
- Multiple wills for assets in different countries are common — and must be drafted so they do not revoke each other
- Tax and succession follow different rules and different countries' rules may both apply
The fourth point is where do-it-yourself arrangements fail. A standard revocation clause in a later will can unintentionally cancel an earlier will covering assets in another country, leaving those assets to be distributed under default rules the person never intended.
Where assets sit in more than one country, this is work for someone who does it professionally, in coordination across both.
Practical points
- Ask the receiving institution first what they accept
- Prefer specific powers over general ones
- Time-limit anything broad
- Arrange for incapacity separately and early
- Keep originals accessible to whoever may need them
- Tell your family where the documents are
- Review after any move, since a change of residence can change which law applies
Point six is the one that defeats otherwise careful arrangements. Documents nobody can find are documents that do not exist at the moment they are needed.
Frequently asked questions
Why are valid powers of attorney refused?
Because acceptance depends on the receiving institution's own requirements — ask the bank or registry what they accept before drafting anything.
Does a power of attorney cover loss of capacity?
An ordinary one usually ends at that moment. A separate instrument is needed, and it may not be recognised across borders.
Can one will cover assets in several countries?
Sometimes, but forced heirship and local formalities complicate it — and a later will's revocation clause can accidentally cancel an earlier one.
What should be reviewed after moving?
All of it — a change of residence can change which country's law applies to your documents.
