Common purpose, very different mechanisms
The LPA and the French mandat protect a fundamental need: what happens if you lose decision-making capacity (accident, dementia, stroke)? Who decides on your behalf? How to avoid French guardianship court or Court of Protection?
But despite this common purpose, both arrangements follow radically different rules. For French nationals living in the UK, understanding these gaps is essential — particularly if you have assets in both countries.
Difference 1 — The structure
France: a single mandate
The French mandat de protection future is a single document covering both asset management and personal decisions. You designate a mandatory (often spouse or child) who can intervene across all aspects of your life if you become incapable.
UK: two distinct LPAs
In the United Kingdom, the system is dualistic. Two separate LPAs exist:
- LPA Property & Financial Affairs: covers only financial and asset decisions (banks, real estate, investments).
- LPA Health & Welfare: covers only medical and care decisions (treatments, residence, end-of-life).
You can have one, the other, or both. You can designate the same attorneys for both LPAs or different attorneys. Most people opt for both LPAs (LPA Double) for complete coverage.
Difference 2 — Registration procedure
France: free and lightweight registration
The French mandate must be registered with a notary or as a private deed countersigned. No central body procedure. Notary cost: typically £200-£400.
UK: mandatory OPG registration
The UK LPA must be registered with the Office of the Public Guardian to become enforceable. This procedure takes 8 to 10 weeks and costs £82 per LPA (£164 for an LPA Double). Without this registration, your LPA isn't activatable, even if drafted and signed.
Practical consequence: anticipation is essential. If you wait until losing capacity to register an LPA, it's too late — an unregistered LPA won't be activatable, and your family will need to go through Court of Protection (long and costly procedure, several thousand pounds).
Difference 3 — Activation timing
France: medically certified loss of capacity
The French mandate activates only when a doctor certifies the principal's loss of capacity. While you're capable, you keep total control.
UK: activation flexibility
The UK LPA offers more flexibility at drafting stage:
- Property LPA: can be activated even while you're capable (if you specify), e.g., to manage your affairs during a long trip. Or activatable only on capacity loss, depending on your choice.
- Health LPA: only activatable on capacity loss (non-negotiable safety).
Difference 4 — Attorney powers
France: extended powers by default
The French mandatory has extensive general power, except for explicit restrictions in the mandate. They can sell assets, manage accounts, make medical decisions, etc.
UK: powers framed by statute
UK attorneys are framed by the Mental Capacity Act 2005, which imposes strict obligations:
- Act in the principal's best interests.
- Keep detailed records of financial decisions.
- Consult the principal where possible.
- Not mix estates.
- Possible OPG control if doubt.
These safeguards protect against abuse but impose operational rigour on attorneys — to anticipate by choosing competent persons.
Difference 5 — Attorneys and their geography
France: preference for resident relatives
In practice, French notaries often recommend the mandatory resides in France or the EU for operational reasons.
UK: no residence restrictions
In the UK, your attorneys can reside anywhere in the world. You can name a child in Paris or a sibling in Dakar. This flexibility is valuable for the Francophone community, but raises practical challenges:
- Access to UK bank accounts from abroad.
- Physical presence for urgent medical decisions.
- Time zone coordination for communications with UK institutions.
Often, the optimal strategy is two attorneys: a UK-resident close one for immediate actions, a foreign family member for moral oversight and important decisions.
Articulation: having both arrangements
For a French national residing in the UK with assets in both countries, the optimal strategy is to have both arrangements:
- UK LPA (Double ideally) for your UK assets and decisions.
- French mandat de protection future for your French assets and decisions.
Both documents must be consistent — typically designating the same primary mandatories/attorneys to avoid conflicts, with potentially specific replacements by jurisdiction.
When to order an LPA
The right moment is now, while you're capable. Typical triggers:
- UK property purchase.
- Serious medical diagnosis (cancer, onset of neurodegenerative disease).
- Approaching retirement.
- Complex family situation (children from multiple unions, ageing parents abroad).
FrancoLegal supports the drafting and registration of UK LPAs for the Francophone community. LPA Property OR Health at £450, LPA Double at £775, Mirror LPAs for couples. OPG fees included, bilingual support, coordination between your Francophone country and the UK if you also have a French mandate.