Powers of Attorney
A power of attorney is a document signed by a first person authorising a second person to perform certain acts on behalf of the first person. The second person is called the “attorney” even though that person is normally not a lawyer.
In the State of Victoria, the Powers of Attorney Act 2014 sets out suitable forms for powers of attorney used in Victoria. However, those forms are unsuitable for use in other countries. If you need a power of attorney for use in a particular country, you are strongly advised to have the document prepared by a lawyer in that country, to ensure that it complies with the local requirements in the place where it will be used.
When a power of attorney is attested by a notary, it is in general necessary for the notary to attach a certificate to the document indicating how the identity of the person signing the document was established and the circumstances in which the document was signed.
Powers of attorney for use in India often have additional requirements which vary depending on local expectations. These may include:
- Witnesses (required in around 50% of cases)
- Photo of person giving power (required in around 50% of cases)
- Photo of person to whom power is given (required in around 10% of cases)
- Signature across photo (required in around 25% of cases)
- Thumb print on photo (required in around 5% of cases)
- Thumb print beside signature (required in around 5% of cases)
- Document prepared on Indian stamp paper (required in around 5% of cases)
- Document printed on Indian legal paper (required in around 20% of cases)
- Copy of passport front and back pages of person giving power, bound together with the document (required in around 10% of cases)
- Copy of passport front and back pages of witnesses, bound together with the document (required in around 1% of cases)
- Written confirmation of signature from witnesses in response to request by registering officer (required in around 1% of cases)
- Apostille (required in around 10% of cases)
- Stamp from Indian Embassy (required in around 40% of cases)
Because these requirements vary widely and unpredictably, you are strongly advised to ask your Indian lawyer to provide clear instructions about all requirements before you arrange an appointment to sign your document.
I am not able to supply witnesses, so if your document requires witnesses you will need to arrange to bring people with you to be the witnesses. The witnesses must be physically present when you sign the document in front of the notary.