Menu
Proceedings can be initiated in the foreign nation to have the USA-Power of Attorney deemed valid, but it can be expensive and time-consuming....it may be more time- and cost-efficient to prepare an international POA in the manner required by the foreign jurisdiction.
Generally speaking, a Power of Attorney (“POA”) is a document signed by a person that allows another person to act on their behalf. The person authorized to act does not have to be an attorney or lawyer (although the authorized person often is an attorney or lawyer). The POA document must be signed in a manner that will make it legally valid and the document must specify what actions may be taken by the person being given authority. POAs can be limited, such as authorizing the holder of the POA to do only two things — initiate payment procedures on monthly household bills and collect mail from the local Post Office while the POA granter is on vacation. On the other hand, POAs can grant extensive powers, such as managing financial matters, business affairs, buying and/or selling real property or other property, etc. If you need assistance with a POA, particularly with a POA to be used internationally, call us here at Ancillary Legal. Ancillary Legal offers translation and notary services and has an extensive list of international service providers. Contact us for a no-obligation consultation at (404) 459-8006 or via email.
In the United States, POAs are generally valid if they are in writing, prepared in the proper format, are clear in their instructions, are signed before a Notary Public (and, often, before one or more other witnesses), and when the written instrument is itself notarized.
Preparing a POA is only half the “battle” since the POA must still be recognized as valid with respect to the action being taken and the location where the action will be taken. In the United States, most POAs executed in one state will be deemed valid in other states in the U.S.
However, the use and validation of International Powers of Attorney are much more complicated. In many countries, the POA must be prepared and legally authorized according to the laws of the place where the POA will be used. Thus, for example, if a person lives in the United States but owns real estate in China or India, a USA-created POA might not be sufficient to allow the POA-holder to manage that real estate.
Proceedings can be initiated in the foreign nation to have the USA-POA deemed valid, but it can be expensive and time-consuming. Here are a few example of what might be needed:
But it may be more time- and cost-efficient to prepare a POA in the manner required by the foreign jurisdiction. Various way in which a foreign POA might be different than a POA under U.S. law include the following:
For more information, contact Ancillary Legal at (404) 459-8006. We have the deep experience, staffing and resources to help you satisfy the requirements for proper and valid international POA. Contact us today to find out how we can help you.
Contact us for a free consultation with an Ancillary Legal representative.