Power of attorney and legal documents when a relative moves to a care home abroad
Moving abroad · 5 min read · Last updated 30 October 2026
If your relative can no longer make decisions for themselves, someone needs legal authority to act for them: to sign a care home contract, manage money or consent to treatment. A power of attorney made in one country is not automatically accepted in another, so it is best to sort this out while your relative still has the capacity to sign. This guide explains the main ideas and what we know about each country. It is not legal advice, and local advice from a lawyer or notary is essential.
Why this comes first
- A care home contract usually has to be signed by your relative, or by someone with legal authority to sign for them.
- Banks, doctors and authorities abroad may ask for proof that you can act.
- Once capacity is lost, the person can no longer make a power of attorney. Families then have to ask a court to appoint someone, which takes longer and gives you less control.
Start with our guide to moving a parent abroad, which covers wishes, consent and capacity, then use this guide for the legal tools.
The legal tools, in plain terms
- A power of attorney made in advance: a document in which your relative chooses who will act for them, including if they later lose capacity. Names, formalities and powers differ between countries.
- A court-appointed protector: if there is no suitable document, a court can appoint a guardian, administrator or similar. The measures are usually meant to be as light as the person's situation allows.
- Healthcare decisions and wishes: some countries have separate documents for medical decisions. Ask a lawyer what is available.
Which countries have joined the Hague Convention
According to the Hague Conference's status table, updated on 13 October 2026:
| Country | Status |
|---|---|
| France | In force since 1 January 2009 |
| Portugal | In force since 1 July 2018 |
| Greece | In force since 1 November 2022 |
| Italy | Signed (2008), not ratified |
| Spain | Not listed |
| Turkey | Not listed |
The United Kingdom, Germany and Switzerland are also in force, which matters for families whose documents were made there.
What we know by country
Spain
A reform in 2021 (Ley 8/2021) gave priority to support measures chosen by the person themselves. Law firm Garrigues explains that preventive powers (poderes preventivos) are powers of attorney granted in anticipation of a future loss of capacity. They must be made in a public deed before a notary, who notifies the Civil Registry, and they take priority over measures ordered by a court.
Italy
The Italian foreign ministry describes amministrazione di sostegno as a lighter form of judicial protection for someone who lacks autonomy in whole or in part, designed to limit the person's capacity to act as little as possible. It is applied for at the court of the person's residence or domicile. Relatives up to the fourth degree, a cohabiting partner, the person themselves, the public prosecutor and social and health services staff can ask for it. For stronger measures there is tutela (guardianship) and curatela.
Portugal
Portugal replaced older incapacity measures with the regime of acompanhamento de maiores, in which a court tailors support measures to each person. As summarised in a published case note, the measures are reviewed periodically and the person can ask for a change or for the support to end. Ask a Portuguese lawyer how this interacts with a power of attorney.
France, Greece and Turkey
France and Greece are Hague Convention states, and French law offers a mechanism for protection made in advance, the mandat de protection future. We have not reviewed official guidance in enough detail to describe the French, Greek or Turkish procedures. Ask a notary or lawyer in the country, and ask the care home which documents it will accept.
Practical checklist
- Talk to your relative about their wishes while they can decide.
- Take advice from a lawyer or notary in the destination country, ideally one who also understands your own country's rules.
- Make or update the documents before the move, while your relative has capacity.
- Ask the care home which documents it needs, and ask the bank and doctor too.
- Get certified translations where needed.
- Keep copies in a secure shared place, and tell more than one trusted person where they are.
- Review the documents when circumstances change.
See also care home contracts and fees and paying for care from abroad.
Frequently asked questions
Can I use a power of attorney made in my own country?
Sometimes, but not automatically. It depends on both countries' rules and on whether they have joined the Hague Convention. Ask a lawyer in the destination country and ask the care home and bank what they will accept.
What if my relative has already lost capacity?
They can no longer make a power of attorney. A court in the relevant country may need to appoint someone to act for them, which takes time. Get local legal advice as soon as possible.
Which country's court decides?
It depends on where your relative lives and on international rules. Under the Hague Convention, the country where the adult habitually lives generally has jurisdiction. Take legal advice for your situation.
Sources and further reading
This guide is general information only, compiled from the public sources listed above as of the date shown. It is not legal, medical, tax, financial or care advice, and we cannot guarantee that it is complete, accurate or up to date. Rules, thresholds and prices change and differ by country and region, and some sources describe other countries' rules as examples. Check details with the authorities and care homes named, and take professional advice for your own situation before you act. If you spot an error, please email [email protected] and we will correct it.