Granting power of attorney
What is a power of attorney?
A power of attorney is a legal document that allows one person (the principal) to authorise another (the attorney) to act on their behalf. The principal - sometimes also referred to as the appearer or donor - grants this authority so that the attorney can carry out specific tasks on their behalf or represent them in legal transactions. This is usually required when the principal cannot be physically present to carry out a transaction themselves.
It is important to note that this article focuses on powers of attorney for use internationally. These are different to lasting powers of attorney (LPAs) for use within the UK, which a Notary is not typically involved in.
Why grant power of attorney?
The reasons for granting power of attorney are many and varied. Common examples include:
Buying or selling property abroad
Dealing with the estate of a deceased family member
Progressing litigation in another jurisdiction
Setting up or managing an overseas company
In many cases, when a power of attorney is being granted in favour of someone overseas, you will be asked to have the document notarised, and sometimes legalised (apostilled) for it to be accepted abroad.
What does a power of attorney include and how is it different to an authorisation of agent?
Powers of attorney for use overseas will often delegate broad powers to the appointed attorney. These may include authority to sign contracts, make legal filings and submissions, appear before public bodies and in court, manage bank accounts, and represent the principal in a wide range of administrative and legal matters. This flexibility is particularly important in jurisdictions like Spain, where a single power of attorney may be used to handle multiple aspects of a transaction or legal process.
An authorisation of agent document or letter of authority is sometimes used as an alternative. While all of these documents allow someone to act on your behalf, an authorisation of agent is typically more limited in scope and may not carry the same legal weight internationally as a power of attorney.
The role of the Notary
A Notary Public ensures that a power of attorney is validly granted and complies with the law of the jurisdiction it is signed in. This usually includes:
Reviewing the document to ensure it meets certain legal requirements, which in England and Wales includes ensuring the power of attorney is executed as a deed, with the correct formal wording and in-person witnessing
Verifying the principal’s identity, capacity, and understanding of the document
Organising legalisation (an apostille) if required (see details of this process here)
Arranging certified translations and couriering the document to the relevant overseas contact if required
Powers of attorney can vary significantly across jurisdictions. Some are just a page long in English; others may be lengthy and bilingual. It is therefore important for James to see the document in advance of any appointment so that he can confirm what is required.
Whether you are managing overseas property, dealing with an inheritance, or need someone to act on your behalf for another reason, a power of attorney can help you progress your transaction without having to incur the time and expense of travelling abroad yourself. James can guide you through the process from start to finish - contact us for a quote today.
This article is not legal advice - it is provided for general information only.