Power of Attorney
Is a written document that states to represent, act manage on someone’s behalf for personnel purpose, money or properties. The Power of Attorney is a legal document, which must be notarized, permits and gives the authority to the attorney (Is the person you give the authorisation to access your financial affairs) to act on your behalf for these purposes.
- Bank transactions.
- Cheque signature on your behalf
- Real Estate (Buy and Sell a property)
In order the Power of Attorney to be valid, you have to be mentally capable because the consequences of this document are important since you give the complete authority to the Attorney to act on your behalf for different financial transactions. The POA ends if you are not mentally capable to manage your wealth and affairs.
The Power of Attorney might have some restrictions, like the Attorney can only sells a house, a deadline when the POA won’t be valid or outline and limit the authority on the document.
Sometimes the POA is used overseas, in this case you must apostille/authenticate/certificate the Power of Attorney by the Global Affairs/Foreign Affairs Ottawa JLAC (Authentication Services Section) and finally legalized by the embassy/consulate of the country in which the Power of Attorney will be used because the jurisdiction of that country won’t accept this document if it did not follow these steps to be valid and recognised oversees. If the POA is a copy, then it must be notarized by a Notary Public or a lawyer before the authentication/Apostille/Certification by the DFEAT (Department of Foreign Affairs Canada/ JLAC-Authentication Services Section).
Is the authentication of the power of attorney necessary?
Every power of attorney signed here in Canada front of a notary public or a lawyer must be authenticated/apostilled by the Department of Foreign Affairs/Foreign Affairs Ottawa JLAC (Authentication Services Section) and then stamped (legalised/certified) by the appropriate embassy of the country where the pawer of attorney will be used. Since Canada is not a country signatory of the Hague Convention.
How many types of Power of Attorney?
We have four types of Power of Attorney;
- Limited one permits to another person to act and carry out your business or your wealth on your behalf for a limited purpose.
- General Power of attorney gives someone else the same right as you have and is capable to act on your place.
- Durable and Springing are documents the two other types of Power of attorneys.
How to legalize/apostille the Canadian Power of Attorney?
Our office , Imperial Legalization & Visa , can assist you to legalize/apostille your power of attorney whether you are here in Canada or out of the country , we are here in Ottawa to take care of your document from A to Z till you receive it. The power of attorney must be signed/notarized and stamped by the lawyer or the notary public as a first step and it has to be in one of the official languages (English or French) if not the translation is mandatory. And the second step, the document has to be authenticated/apostilled by the DFEAT (Department of Foreign Affairs Ottawa JLAC/Authentication Services Section) and finally the power of attorney is ready to be certified/ legalized by the jurisdiction of the country in which the it will be used because it recognize the authenticated document is valid and genuine copy . When the power of attorney is ready, one of our team will send the document to the sender with the respect of the type of service requested.