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Apostille for Power of Attorney
We legalise many customers’ Powers of Attorney (POA) for use overseas. Documents being used in another country may need an apostille before they will be accepted.
What is a Power of Attorney?
A POA is a legal document that allows you to appoint another person to act on your behalf. This is commonly used by people in the UK who need someone to represent them in legal matters abroad.
For example, if you are buying or selling a house, property, boat or car in another country, you can appoint a lawyer, or another person, to represent you. This means they can act on your wishes without you having to visit the country to sign documents or attend meetings. It can save you considerable time and money.
How to Legalise a Power of Attorney – Step by Step
One of the essential points of a power of attorney is the signing of the document. It must be signed by the person issuing power to someone else and the signing of the document must be ‘witnessed’ by a legal person (notary or solicitor) in the UK.
- Locate a notary or solicitor local to you. (You can use the Notaries Society website)
- Visit the notary or solicitor and get them to witness you signing the document.
- You sign the document and then they sign adding the statement ‘witnessed by’ or ‘signed in my presence’. They must date the document, sign in their own name and, if applicable, add their notary stamp.
- Send the document to us for the apostille.
- We legalise the power of attorney and return the document to you.
- Your document can now be used overseas.
Why is the document witnessed?
It is important that your signature on the POA is witnessed. A notary or solicitor should check your identification and watch you sign the document. They then sign the POA as a witness.
This is important to ensure the document has actually been signed by the person issuing the power. If a document is not correctly witnessed, how does the authority overseas know the document was signed by you? The signature could be fake or fraudulently signed by someone else. Therefore, the witnessing of your signature is vital.
Can our Solicitor Sign the Power of Attorney?
Unfortunately, no! The solicitor certifying the POA must witness you signing the document. Our solicitor cannot do this remotely. You need to get your document signed by your own notary or solicitor before it is sent to us
Where to obtain a Power of Attorney
If a lawyer is acting on your behalf overseas, they may provide you with the POA. The POA should be suitable for the country in which it is used so we recommend that you obtain one in that country.
There are basic templates available online if you search for one. We recommend you check if this will be accepted outside of the UK.
