You will always require a notarized power of attorney in specific circumstances. This legal document authorizes an individual or group to make decisions on someone else’s behalf. Often, this person is a close relative or best friend. The individual needing the power of attorney cannot make the choice themselves. This could stem from a medical issue or even unavailability. For instance, they might be out of the country when a decision is needed.
Buying Property Abroad: A Common Scenario for Power of Attorney
This situation frequently arises when someone purchases a home in another nation. If they cannot attend the closing in person, they need someone to act legally for them. A durable power of attorney proves particularly useful here. It allows a trusted agent to complete the transaction.
Understanding Different Types of Power of Attorney
You can choose from various types of powers of attorney. For example, you can have one for property and finances, and another for your health and well-being.
Different legal formats for powers of attorney also exist. You might use an Ordinary Power of Attorney or a Lasting Power of Attorney (LPA).
An Ordinary Power of Attorney helps with financial decisions when you retain mental competence. Someone immobilized in a hospital often uses it. They might need a family member or friend to pay bills and handle other financial matters. Even if you are married or in a civil partnership, your spouse cannot manage your bank account or other financial affairs without proper authorization.
A Lasting Power of Attorney (LPA) manages both your health and your finances. People typically use it when they have lost mental capacity and need someone else to make decisions. Examples include an elderly person, someone with a major illness, or a family member involved in an accident. You can find more detailed information about LPAs on the UK Government’s official website.
You might occasionally encounter the term “enduring power of attorney” (EPA). Existing EPAs remain valid today, although they were only active until October 2007, when the LPA replaced them.
International Use and Notarization Requirements
Banks and other financial institutions in the United Kingdom are more likely to accept a permanent power of attorney.
If you plan to use your power of attorney abroad, it’s best to have it legalized in the UK first. Certain countries only accept it if a notary witnesses it. The notary will add their signature as proof of witnessing the document.
What Does Having a Legalized Power of Attorney Imply?
A notary can legalize a power of attorney by meeting you in person. They witness your signature on the paper. The notary then signs the document. This process ensures both your signature and the document itself are genuine. It also proves your identification has been legally verified and that no one forced you to sign the document.
Consequently, having a power of attorney signed remotely by a notary is difficult. A notary simply cannot positively identify an individual without an initial in-person meeting.
Additional Requirements: The Apostille
If a notarized power of attorney is not enough, other options exist. Some nations mandate an apostille for the power of attorney at the Foreign & Commonwealth Office in London. This provides further international recognition. You can check which countries require an apostille via the Hague Convention Apostille section on GOV.UK.
Notarized Power of Attorney Costs
The cost of having a notarized power of attorney depends on several factors. These include the country for which it is necessary, the language used, and the number of people signing the document.
Contact Us for Notary Services
You must bring specific identification if you require a notary to sign a document for powers of attorney or any other reason. Please bring photographic identification, such as a passport or driver’s license. We also require two types of address confirmation, both dated within the past three months of your visit. For assistance with estate planning, you might also find our guide on Statutory Wills helpful.
