Lawyer Notary Public $13.28 - Foreign POA - Power of Attorney - Notarization in Toronto, Ontario, Canada

There are numerous forms of Powers of Attorneys, one of these is called the Limited/Special/Temporary/Specific Power of Attorney. This type of Power of Attorney is typically executed to appoint and grant power/authority to a relative or a representative/agent to act on your behalf while you are away or while you are in Canada and you are unable to bind the transactions or agreements yourself in your home country where properties of yours are being held or negotiated. For examples, appointing your father to sell/buy/negotiate a property in India; or give permission to your sister to register or retrieve documents from government agencies in Germany in your stead; or to confirm the authority of your sister to act on your behalf in settling your deceased father's estate in Court in China; or granting your spouse the authority to sell a car belonging to you that you left in Vietnam and to transfer title and accepting payments on your behalf. The proceeds of dispositions or benefits are to be kept in trust for your use in absolute. 

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:

1. The grantor/executant and the agent/appointed attorney must be over 18 years old and of sound mind.
2. 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. 
3. The POA may need to be translated or written in both English and the foreign language.
4. 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.
5. 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.
6. Sometimes, but not always, a space for another witness, other than the lawyer/notary public, and the attached Affidavit of Execution confirming the execution.
7. 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.
8. 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. 
9. The lawyer/notary's seal is again pressed on the last page of the POA.
10. The notarized POA along with any attached identification exhibit will now be ready for authentication and possibility legalization/apostille processes. 
11. 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. 
12. Once the Limited POA has gone through the notarization, authentication, and legalization processes, that Limited POA will then have force in the foreign country.

If you wish to obtain a FREE template of the limited POA, please email my office at [email protected].