When you live in Australia but you have business or family dealings overseas, you may need to grant a power of attorney to someone living there, so they can legally act for you.
Some of the more common reasons to grant a power of attorney include:
- A legal dispute
- Buying or selling real estate
- Divorce proceedings
- Probate
- Other family matters
If you do not wish to go overseas (or cannot leave Australia) to look after these matters, you will need to finalise a power of attorney statement that is legally recognised in that overseas country. It if possible to legalise a POA without having to go. But this requires the services of a Notary Public (like myself). Here are the steps:
First Step – Your Overseas Solicitor
The first step is to have your solicitor back in that country create the POA statement for you and to send it here for you to sign in front of a Notary Public (like myself, a Sydney Notary Public or John Pearce a Notary Public in Melbourne). In most cases printing out your document on standard A4 paper will suffice. However if you are advised that you need the document to be produced on bonded or stamped paper then you will need to have the document posted here. Notaries in Australia cannot provide this type of paper and use A4 paper.
Second Step – Specific Instructions
Overseas countries often provides mixed advice when it comes to accepted forms of notarisation. This is why it is highly critical that you work with your Solicitor or advisor to ensure we carry out the Notarisation in an accepted form. Please request from your solicitor overseas specific notarisation instructions to minimise errors.
Potential requests, for example India:
- Photographs of the executant, donor or attorney may need to be needed
- The executant or donor may be required to sign the photograph of themselves
- A seal over the photographs
- 1 or more witness signatures on the power of attorney statement
- Fingerprints may also be needed
Other requests:
* A bi-lingual column with both the foreign language and the English translation;
* Reading out the document to the client (would be done in English);
* The services of a registered translator (where the client cannot speak English).
Third Step – Notary Public Bookings
Book an appointment with me. You can book an appointment in Sydney by calling (02) 9280 4500. Bring 100 points of ID. To see what is 100 points of ID click here: https://thesydneynotary.com.au/identification-check-100-points/
If you need additional witnesses let us know since we might be able to assist with a staff member or colleague. Otherwise you may need to bring the additional witness (cannot be a family member).
Fourth Step – DFAT or Consulate
Depending on the instructions from your overseas Solicitor, you may need to take the document to DFAT’s passport office. This is likely so you should check whether you need an Apostille or Authentication (from DFAT).
Should you need further advice or would like to make a booking. Please call this office on 9280 4500 or email pt@siriuslaw.com.au
