What is a Power of Attorney?

A Power of Attorney (POA) is a legal document which gives another person the legal authority to act for you and make decisions on your behalf. The person that makes the Power of Attorney is known as the 'Principal' and the person who is appointed to act on your behalf is called an 'Attorney'. A Power of Attorney may give the Attorney the power of make decisions about the Principals property, finances, medical care, business, or legal matters.

What are the different types of Powers of Attorney?

There are two types of Powers of Attorney: a General Power of Attorney and a Special Power of Attorney. A general power of attorney allows the Attorney to do anything on the Principals behalf that is not expressly prohibited by law. You may choose this option if you want your Attorney to be able to handle everything for you without limits. A special power of attorney limits your Attorney's power to a limited set of actions under a restricted set of circumstances, for example, buying or selling a particular property.

What are the reasons to grant a Power of Attorney?

Powers of Attorney are often granted to in order to appoint someone to act on your behalf in relation to:

• Buying or selling real estate
• Court proceedings
• Probate
• Divorce proceedings

Who can prepare the Power of Attorney?

The Power of Attorney should be prepared by a solicitor in the country where the Power of Attorney will be used. For example, if you are appointing someone to sell your house in Italy, the Power of Attorney should be drafted to reflect the laws of Italy. It is important that the person preparing the Power of Attorney is familiar with the laws, requirements and procedures for a Power of Attorney, including its proper execution, in the foreign country.

Once the Power of Attorney is prepared, the solicitor in the foreign country will send it to you for it to be signed in the presence of an Australia Notary Public. The solicitor who prepared the Power of Attorney should also include instructions and requirements for proper execution of the Power of Attorney.

Please kindly note that we are unable to prepare the Power of Attorney for you. It must be prepared by the solicitor in the foreign country where it will be used.

Does my Power of Attorney need to be notarised?

If your power of attorney is for use overseas (i.e. you live in Australia and you're signing a power of attorney for someone to act on your behalf in another country), then you will need to have the power of attorney notarised and witnessed by a Notary Public in Australia.

What is involved in notarising the Power of Attorney?

Notarising a Power of Attorney requires you to sign the document in the physical presence of the Notary Public. The Notary Public will identify you, witness you signing the document in their presence and apply a notary seal and stamp to the document which certifies that the Notary Public witnessed you signing the document after providing the Notary Public with satisfactory proof of identity. If the overseas party requesting the Power of Attorney requires anything else, please email us to discuss your requirements first. Please note that Australia Notaries are unable to witness the signing of documents electronically.

How Notary Perth can help

Our Notary Public can witness you signing a Power of Attorney and Notarise the Power of Attorney with their Notary Public signature and seal.

If you would like to book an appointment for the Notarisation of a Power of Attorney, please email us at support@notaryperth.com.au

We look forward to assisting you.

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