Notary Public Service » FAQ for Notarial Services » Power of Attorney for use Overseas

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Power of Attorney for use Overseas

In situations where we cannot be present ourselves to carry our important legal tasks, it is common practice to designate power of attorney to a third party in order that they may act on our behalf. In these cases, the person whom you appoint as you attorney can carry out your business for you, following whatever guidelines you have set out in your power of attorney document.

When it is the case that the third person is overseas, you must have the power of attorney document notarized so that it is legally recognized as valid by the overseas authorities.

For example, if conducting a property deal or some other large transaction in a country other than Australia, it is common to give power of attorney to someone who is ‘on the ground’ in that country. Once this is done they can operate on your behalf, signing contracts and manage the process much more easily.

Before drawing up the document and having it notarized, it is essential that you obtain the following information from the overseas authorities:

The Wording of the Document

It is essential that the wording of your document reflects the local laws of the country you are sending it to, and not the laws of Australia. For this reason it is advisable to have the power of attorney document drawn up by a lawyer in the relevant country before being sent back to Australia to be notarized.

Signing Requirements

Some countries simply require the document to be signed before a notary, others will require that the signature is witnessed by a third party as well.

Special Formats or Forms

Many countries have a specific format or even paper type that they require Power of Attorney documents to be written on.

Apostilles and Authentication

Your documents will almost certainly require an Apostille or authentication stamp to be fixed on to them in order to be legally recognized. We can help you through this stage of the process, to make sure your Power of Attorney document is ready for use as soon as possible.

 

Whatever country in the world you need to send your Power of Attorney documentation to, Kristen Perry, Notary Public, will be glad to help.