Different countries have different conventions as to how a proper Limited Power of Attorney should be drafted and executed. It is best to consult with the respective embassy or a lawyer in the foreign country for guidance. At minimum, most Limited Power of Attorney require the following procedures to give force overseas or in another jurisdiction:
- The grantor/executant and the agent/appointed attorney must be over 18 years old and of sound mind.
- The grantor/executant must have his/her passport photo or a notarized copy of a valid photo identification attached to the POA on the first page or at the bottom of the last page near his/her signature. Examples, for some jurisdiction in India, a notary public must touch the photo with his/her seal and the grantor/executant must sign across the photo; for China and Vietnam, an index finger or thumb print in red ink to be placed next to the grantor's signature.
- The POA may need to be translated or written in both English and the foreign language.
- The grantor/executant must appoint an agent or appointed attorney or the attorney-in-fact or authorized attorney whose fully legal name, date of birth and contact information are mentioned in the POA.
- A very specific description or authorizing statement listing and/or limiting any powers the grantor/executant may bestow on the agent or appointed attorney or the attorney-in-fact or authorized attorney to perform on behalf of the grantor/executant and for a specified duration then the POA will become null and void.
- Sometimes, but not always, a space for another witness, other than the lawyer/notary public, and the attached Affidavit of Execution confirming the execution.
- Sometimes, but not always, a space for the agent or appointed attorney or the attorney-in-fact or authorized attorney to sign acknowledging acceptance of the fiduciary trust given to him/her.
- Each page of the POA must be signed or initialed by the grantor/executant and with the lawyer/notary public's seal imprint or initial.
- The lawyer/notary's seal is again pressed on the last page of the POA.
- The notarized POA along with any attached identification exhibit will now be ready for authentication and possibility legalization/apostille processes.
- Confirm with the embassy and the foreign lawyer for the proper procedure in respect whether or not authentication by Ontario Documents Services and the Foreign Affairs and International Trades is necessary or whether the embassy can legalize with its seal skipping the authentication process altogether.
- Once the Limited POA has gone through the notarization, authentication, and legalization processes, that Limited POA will then have force in the foreign country.
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