A new era for Powers of Attorney in Europe: but not for everyone 

Across Europe, many families rely on Powers of Attorney to help manage finances, property or personal affairs when a loved one can no longer do so themselves. These documents become even more important when life stretches across borders; a holiday home in France, retirement in Portugal or children living in Germany. Yet until now, using a Power of Attorney outside the country where it was created has often been complicated, slow and unpredictable. 

The European Union is about to change that. A new Regulation on the protection of adults is expected to become fully applicable around mid‑2028, and it promises to make cross‑border life far easier for many people. But the impact will not be the same for everyone. 

For those living in the EU, including the Republic of Ireland, the change is significant. For those relying on UK or US documents, the situation remains largely unchanged. 

A unified European system: at last 

The new EU Regulation will create a single, harmonised framework for recognising Powers of Attorney across all EU member states. In simple terms, a document made in one EU country will soon be accepted in all the others without the usual administrative hurdles. 

This means that an Irish Enduring Power of Attorney (EPA) will be recognised automatically in France, Spain, Italy, Germany and everywhere else in the Union. Attorneys will be able to act abroad with far fewer obstacles, and a new European Certificate of Representation will make it easier to prove their authority when dealing with banks, notaries or public authorities. 

For anyone with property, family or retirement plans in more than one EU country, this is a major and very welcome improvement. 

Why UK Lasting Powers of Attorney will not benefit 

The situation is different for Lasting Powers of Attorney (LPA) from England and Wales. Because the UK is no longer part of the EU, LPAs fall outside the scope of the new Regulation. They will continue to be treated as documents from a “third country”, meaning each EU state will decide individually whether and how to recognise them. 

In practice, this often means extra steps: translations, apostilles, legal opinions or even court involvement. LPAs can still be used abroad, but the process remains case‑by‑case and sometimes slow. 

So, while the EU is simplifying life for its own citizens, nothing changes for LPAs. 

Irish EPAs: the big winners 

Ireland will see the full benefit of the new system. Irish EPAs will soon enjoy automatic recognition throughout the Union, making them far more practical for cross‑border situations. 

For Irish residents with a holiday home in France or children living elsewhere in Europe, this is a genuine leap forward. Tasks that once required complex legal steps — such as selling property or managing investments abroad — will become much more straightforward. 

And what about American documents? 

US Powers of Attorney, whether durable or medical, will be treated the same way as UK LPAs. They remain outside the EU system, and their recognition will continue to depend on the national rules of each EU country. Additional paperwork will still be required, and the process will vary from place to place. 

What should individuals do now? 

If your Power of Attorney was created in an EU country, including Ireland, you can expect a smoother, more predictable experience across Europe once the Regulation takes effect. 

If your document comes from the UK or the US, it may still work in EU countries such as France, but the process will remain more complex and you may want to review your arrangements if you have strong ties to the EU. 

Cross‑border life is becoming easier for many Europeans. For others, the familiar complexities remain. But understanding the difference now can help you plan with confidence. 

Need guidance? Contact the French Desk at gunnercooke 

Own property abroad? Have family in different countries? Simply want to ensure your Power of Attorney will work when you need it most? You can get expert legal advice from Guillaume Barlet-Batada, who you can contact HERE.