Full question:
My parents are trying to give me legal Power of Attorney over their affairs. They live in South Africa at the moment. We have the documents filled out but we are not sure if it is legal to have them notarized in South Africa. Would that be honored here in the States? Or is there some way to have it notarized at an Embassy or Consulate?
- Category: Power of Attorney
- Date:
- State: California
Answer:
A foreign power of attorney is typically enforceable as long as it complies with state laws. For interstate assets, it is suggested a person make a power of attorney to comply with the other state's legislation, preferably a form from that state. I suggest calling the applicable consulate or trade commission to inquire on procedures.
To cover overseas assets, the power of attorney must be broad enough to comply with the laws of the relevant country and the signature of the donee should be witnessed by a notary public. The power of attorney must then be taken to the consulate or trade commission of the country where it is to be used. The consulate or trade commission then certifies the signature of the Foreign Affairs officer who signed the certificate on behalf of the Department. The cost and time involved varies from consulate to consulate.
Once these steps have been taken, the document can be used in a country where the signature of the Department of Foreign Affairs officer has been certified, as long as the wording of the document complies with the law of the relevant country.
Special care must be taken when making a power of attorney to be used for interstate or overseas assets. If you would like us to forward your request to an Attorney Network we would with for further assistance please let me know and I will do that for you.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
