POWER OF ATTORNEY

A Power of Attorney (POA) is a written permission given by you (the donor) to a third party, usually a lawyer or family member, (known as ‘the attorney’) which legally authorises the attorney to carry out certain acts on your behalf.

If you are dealing with any transactions abroad (such as property sale or purchase, inheritance, or business transactions), it is common to be asked to sign a POA. It will simplify the process for you, as it will mean you do not need to travel to this country to sign documents or undertake tasks as your attorney can do this on your behalf.

For any document that is to be used in a different country to where it is signed, it is usual for the country of use to require the document to be signed in the presence of a Notary Public.

The role of the Notary is to verify the identity of each client, assess their legal capacity as well as their understanding of the document to be signed. The Notary must also check the person signing the document has the appropriate authority if signing on behalf of another party such as a limited company.

Usually a lawyer based in the country where the power of attorney will be used will draft the power. This will then be provided to the Notary so that it can be reviewed by them and they can confirm any further necessary steps or documentation required and arrange a meeting to sign the document.

Additionally, if the POA is in a foreign language, a translation into English must be provided, with the document usually presented in dual language format. I can assist with obtaining translations of documents where needed.

After the POA is notarised, it may also need an Apostille, depending on whether its destination country is signed up to the Hague Apostille Convention. The Apostille will allow the foreign country to accept the POA as a validly signed document. Failure to obtain it when needed may mean your POA will be rejected for use. I am able to arrange the Apostille for a POA when necessary after notarisation.

Some countries also require further legalisation at their Embassy in the UK.

If you need to sign a Power of Attorney in the presence of a Notary Public, please do not hesitate to get in touch.

Please contact me on 01244 470339 or at sara@notarychester.co.uk and I will be happy to provide you with a quote and arrange an appointment.

To see my office locations and the areas that I cover, please see the Locations page.