Power of Attorney

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In response to the Covid-19 epidemic HM Land Registry has introduced temporary changes to take effect from Monday 4th May when verifying a person’s identity and for signing deeds. Identity Verification In addition to conveyancers and chartered legal executives, verification can now … more…

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Power of Attorney

A Power of Attorney is a document that gives someone else (the Attorney) the power to act on your behalf and represent you in relation to matters generally or in relation to specific matters as set out in the Power of Attorney.

The person who makes the Power of Attorney is known as “the Donor”.

In England & Wales, there are usually three types of Power of Attorney used.  Those are a General Power of Attorney under the Powers of Attorney Act 1971, a specific Power of Attorney that is prepared on a bespoke basis for a particular matter or transaction and a Lasting Power of Attorney pursuant to the Mental Capacity Act 2005.  Unlike other Powers of Attorney made by Donors, Lasting Powers of Attorney continue to be effective in the case of the mental incapacity of the Donor.

If you are buying or selling a property in a foreign country and you will not be there during the conveyancing process then it is most likely that you will need to sign a Power of Attorney to enable a lawyer or another trusted person in that country to sign and/or act on your behalf in the course of the property transaction.

A Power of Attorney can also be used to delegate authority in the case of litigation proceedings or inheritance matters.

Powers of Attorney for use in most foreign countries require legalisation by the Foreign & Commonwealth Office (FCO) and sometimes additional legalisation by a particular country’s Consulate/Embassy before they can be used in the foreign country.

 

 

Recent News Articles

Land Registry Temporary Changes to I.D. Verification and Deeds Signing

In response to the Covid-19 epidemic HM Land Registry has introduced temporary changes to take effect from Monday 4th May when verifying a person’s identity and for signing deeds. Identity Verification In addition to conveyancers and chartered legal executives, verification can now … more…

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If you are getting married abroad or entering into a civil partnership  abroad you must ensure that you plan ahead and have all the necessary paperwork and arrangements in place. The Foreign & Commonwealth Office (FCO) advises that you should: … more…

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How to get a document Legalised A document is “Legalised” when it has obtained the UK Government’s confirmation (by way of an Apostille stamp) that a public official’s signature, seal or stamp on the document is genuine. A Notary Public … more…

How to get a document Notarised

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Foreign & Commonwealth Office

Foreign & Commonwealth Office Legalisation is the UK Government’s confirmation that a public official’s signature, seal or stamp on a document is genuine. The Govenment body that legalises documents in the UK is the Foreign & Commonwealth Office, known as the … more…