An overseas power of attorney may allow another person to deal with property, banking or other affairs on your behalf. Before arranging notarisation, obtain clear instructions from the overseas lawyer, notary or organisation handling the matter. The document's intended use and required form should be understood before execution. An appointment should not begin with uncertainty about what the document authorises or how it must be completed.
Obtain the complete document
Send the notary the full document and the accompanying instructions in advance. Include schedules, attachments and any execution requirements. Explain who prepared it, the country where it will be used and the purpose of the appointment. The training handbook warns that powers of attorney may require different notarial forms and that simply witnessing a signature may not satisfy the required process. [N5]
Ask your overseas adviser to confirm that the document is appropriate for its intended use. If there is uncertainty about the powers granted, the duration or the transaction covered, resolve that with the responsible adviser. The Australian notary needs to understand the requested act, but an appointment should not be treated as automatic advice on the substantive law of another country.
Discuss language and understanding
Tell the notary which languages you read and speak and whether the document is in a language you understand. A bilingual layout does not eliminate the need to assess the document and the reliability of the language versions. Translation or interpreting arrangements should be discussed before the appointment, particularly where the requested certificate requires statements about understanding or execution. [N6]
Do not rely on an informal summary from a relative as the only explanation of a significant authority. If you have questions, write them down and raise them before signing. Ask the notary what translation or other material is needed for the particular act. This allows time for the appropriate professional assistance rather than trying to resolve the issue in the waiting room.
Prepare identification and supporting information
Ask what original identification to bring. Explain discrepancies between your current name and the name used in the document, and provide any supporting information requested. Identity and capacity are important considerations in notarial work. [N2] [N7] If there are circumstances that may affect attendance or communication, discuss them when booking so the appointment can be assessed properly.
Check practical details with the overseas adviser: the intended recipient, the number of originals required and any related documents. Keep a copy of the instructions with your appointment papers. If the document changes after preliminary review, send the revised version and identify the change rather than bringing a different version without explanation.
Confirm the next stage
Ask whether the notarised document needs an apostille, authentication or another step before delivery. [N3] Confirm the recipient's deadline and allow time for the complete process. Do not assume that a notarial appointment alone completes every requirement for the overseas transaction or guarantees acceptance by the receiving organisation.
Call Ardian Law on 02 8111 7700 to discuss your overseas power of attorney and arrange preliminary review of the document and instructions before booking.