When you are in abroad and want to use documents that were issued in Australia, such as a General Power of Attorney (GPOA), the documents must be attested, certified, or notarized. This confirms their acceptance in any foreign country. This blog will let you know about the necessity of GPOA attestation and the processes involved.
A General Power of Attorney is a legal document that enables another person to represent you and act on your behalf in certain or all matters, including financial, legal, and personal matters. This document is used whenever you have your affairs to take care of and are unable to do so due to either being abroad or for some other reason.
Attestation imparts authenticity to your documents. The Notary Public attesting a GPOA in Australia certifies that the document was duly signed by the principal in the presence of the Notary and after satisfying himself. Especially with the intent of being used in a foreign country, it must be assured that the document meets the legal requirements of that jurisdiction.
Power of Attorney: The most commonly attested document so that your affairs can be taken care of whilst you are overseas.
Property Transfers: Documents on property transfers overseas.
Legal Forms: Documents and legal forms for submission to a court hearing overseas.
Personal Identification: Passports, driving licenses, and other identification papers.
Certificates: Birth, marriage, and citizenship certificates of Australia.
Financial Records: Bank statements and tax returns. Academic Records: Australian school reports, Australian degrees, and Australian transcripts.
1. Preparation of the Document
You cannot have your GPOA notarized unless the document is prepared properly. It is highly advisable to consult a competent lawyer having knowledge of Australian and Indian laws for having your document drawn up legally.
Signing
The Notary Public will verify your identification with an acceptable photo ID, such as a passport, and will sign your name as a witness.
Notarisation
While witnessing your signature, the Notary Public shall stamp, sign, and seal the document to confirm that the Notary Public has identified you and witnessed your signing of the document.
Obtaining an Apostille (If So Required)
When GPOA is to be used in India, it may require an apostle, which further authenticates the document for use abroad. The process generally involves notarization beforehand.
Since your GPOA is going to be executed in India, it should be prepared by someone who knows the Indian procedure and laws. We therefore suggest that you engage the services of a competent lawyer in India to have the document drafted.
One should know that a GPOA prepared in India may have no validity in Australia. The laws about powers of attorney differ so much in India and Australia. Hence, using a template might render you into problems while in Australia or rejection.
Though technically one may do so, we would strongly discourage you from making a GPOA by yourself. So many templates are inaccurate or based on incorrect information, and wrong information can backfire on you very badly down the road. A badly drafted GPOA is subject to rejection, cost, and delays.
In deciding between a General Power of Attorney and a Special Power of Attorney, think about how broad an authority you seek to grant. The General Power of Attorney gives general authority regarding a broad range of affairs; the Special Power of Attorney, on the other hand, may give very limited authority, in fact, often for one specific matter or transaction.
Being one of Sydney's premier notary public service providers, we take pride in I App Services. Here is why you should consider I App Services:
Experience and Expertise: We are well-experienced in the process of notarizing documents for international use across legal standards.
Fixed Fees: We offer cheap fixed fees, neither of which brings in any hidden costs.
Promptness: We respect your timeliness and can act on short notice.
Executing your General Power of Attorney assumes paramount significance if one plans to utilize it overseas, say in India. You will save time and legal botheration if your document is well drafted, signed, and notarized. You can count on I App Services for your GPOA attestation and put your documents in line for international acceptance.