There will always be situations where a power of attorney must be notarized.
That’s because a power of attorney is a legal document that allows someone – or a group of people – to make decisions on behalf of someone else (usually a close relative or best friend).
Because the person for whom the power of attorney is required is unable to make the decision themselves, someone else must make it. This could be due to a medical condition or simply a lack of availability (they may be out the country at the time when the decision needs to be made, for instance).
Purchasing property in another country but not in person
This type of situation frequently arises when a person is purchasing a property in another country but is unable to attend the closing in person. In this case, he or she will need someone to act on their behalf in a legal capacity. That’s where your durable power of attorney comes in.
Powers of attorney come in a variety of shapes and sizes.
You can have multiple powers of attorney, for example, one for property and financial matters and another for your health and welfare.
Different types of power of attorney are also available. You can have an Ordinary Power of Attorney or a Lasting Power of Attorney, for example.
When you have mental capacity and need to make financial decisions, you should use an Ordinary Power of Attorney. It’s frequently used by someone who is incapacitated in a hospital and needs a relative or friend to pay their bills and handle other financial matters. Even if you are married or in a civil partnership, your husband or other half will not be able to manage your bank account or other financial matters without a power of attorney.
A lasting power of attorney (LPA) can be used to manage both your health and your finances. This is frequently used by those who have lost mental capacity and require someone else to make decisions for them, such as an elderly person, someone suffering from a serious illness, or a family member involved in an accident.
Enduring power of attorney is a term you may hear from time to time (EPA). That’s because existing EPAs are still valid today, despite the fact that they were only valid until October 2007 (when they were replaced by the LPA).
In the United Kingdom, banks and other financial institutions are more likely to accept a lasting power of attorney.
It’s best to have your power of attorney legalised in the UK before you fly out if you’re using it abroad. Because some countries will only accept it if it is witnessed by a notary, this is the case (and who will add their signature as proof of this).
What does it mean to have a legalised power of attorney?
A qualified notary can legalise a power of attorney by meeting with you face to face and witnessing you sign the document in person. After that, he or she will sign it. This verifies the authenticity of your signature as well as the document itself. It also indicates that your identity has been legally established and that you have not signed the document under duress.
As a result, having a power of attorney signed by a notary in a remote capacity is impossible. A notary would simply be unable to positively identify an individual without first meeting him or her in person.
If a notarized power of attorney isn’t sufficient, It’s possible that the power of attorney will need to be apostilled at the London Foreign & Commonwealth Office. This is because it is required in some countries.
The cost of a notarized power of attorney
The cost of having a power of attorney notarized is determined by the country for which it is required, the language in which it is written, and the number of people who are signing the document.
Please contact us.
If you need a notary to sign a document for powers of attorney or another reason, you must bring photographic identification with you, such as a passport or driver’s licence. We’ll also need two forms of address verification (both of which must be dated within the past three months of your visit).
