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Power of Attorney and Authentication of Documents for Use Overseas

Michael Decker
Michael Decker

What is a power of attorney for use overseas and when is it needed? What is the simplest way to get a notarized certificate of power of attorney and other documents? Our law office, with branches located in Jerusalem and Tel Aviv, has extensive experience in certifying notarized documents. In this article you will find everything you want to know about notarizing a power of attorney and other documents.

What is a Power of Attorney and When Does It Need to be Notarized?

Power of attorney for use overseasA power of attorney is a document that is required so that a representative (“agent”) may act on your behalf in legal matters before a third party. To act in legal matters or perform actions that have legal consequences in a foreign country, such as filing a lawsuit, purchasing real estate, and more, a special notarized certificate of power of attorney is required. The notarial certificate is required in order to make the power of attorney valid also in the foreign country in which it is used, and not only in Israel (or whatever country it was created and signed in). The requirement for notarization may vary from country to country.

Power of Attorney for Use in the United States

In many cases, people who want a notarized power of attorney that is valid in the United States look for a “notary public from the United States”. This is a misleading term, since every notary public in the United States is authorized to provide notarized certificates only for documents that are used in the specific state in which their notary license was issued (and sometimes only in a specific district within that state).

Finding a notary public abroad who is qualified to notarize documents (such as a power of attorney) in the specific state in the United States where the documents are to be used, is not a simple task at all.

Another option is to use authentication services at embassies and consulates in the United States, which have the authority to certify notarized documents. However, the corona crisis has caused particularly long waiting times even in those foreign missions that continue to operate, so this option is not ideal.

Fortunately, there is a better option, which take place entirely within Israel—having a document notarized by a local notary public and then receiving an Apostille from a magistrate court. This is also the option most recommended by the U.S. State Department. For more information about this option, read our article on Apostille stamping.

This option of notarizing documents through a local notary public and authenticating with an apostille stamp is naturally also available to those who want to use the documents in other countries besides the United States. This is probably the simplest and most practical option, due to considerations of accessibility and time and cost savings.

What are the Costs of Notarizing Documents Through a Local Notary Public?

Notary fees in Israel are fixed by law in the notary regulations. The costs of document certification by a local notary public vary and depend on several factors, such as the number of pages in the document, the number of stamps and signatures required, the question of whether the client only needs a signature approval or also help with filling out the document, and the complexity of the document.

In some cases, a notarized translation of the document is also required, since a notary cannot certify a document that he is unable to read. For example, a power of attorney in Russian for use in the CIS countries signed by a notary who does not speak Russian will also need a Hebrew translation. Conversely – when our firm receives a power of attorney from the United States which must be submitted to the Israeli authorities, it must be issued in both Hebrew and in English. This is a relatively borderline case, since the question “Will a POA in English be acceptable” depends on the authority and the clerk to whom the power of attorney is presented.

Sometimes it is easier and even cheaper to get on a plane and sign the document with the foreign authorities rather than dealing with translations and certifications in Israel. But, of course, this option is more available in countries that do not require a visa for visitors from Israel, and when travel options are not restricted.

Contact Us

Our firm in Jerusalem and Tel Aviv has extensive experience with certifying notarial documents (powers of attorney, building permits, contracts, etc.) for use in the United States and many other countries. In our firm you will find an English-speaking notary public who can authenticate signatures, notarize English documents, and assist you in obtaining an apostille before sending documents to the United States. If you have a document (including a power of attorney) that needs to be notarized by a local notary public, feel free to contact us –  we will be happy to assist you.

This information does not replace legal advice.

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