Power of attorney, attorney, apostille – we explain the terms and translate documents

If we want to officially transfer responsibility for performing legally binding acts, on a single occasion or for a longer period of time, we must draw up a legally binding document. But what specific type of a document? And why? Power of attorney is the only formal authorisation granted by one person to another for the purpose of representation or decision making. A document has notarial certification (it is notarized), a person granting power of attorney is called the principal and the person receiving the power of attorney is referred to as the attorney.

Types of power of attorney

There are two types of power of attorney. The first one is a general power of attorney which pertains to a wide scope of actions allowing the attorney to make various decisions on behalf of the principal. The second type is a special power of attorney which is limited to specific decisions.

Another division with the use of Latin nomenclature suggests perceiving power of attorney in terms of its usefulness for a specific case or situation. The ad negotia power of attorney is granted to conduct commercial transactions on behalf of the principal, whereas the ad judicia power of attorney is granted to represent the principal before a court of law etc.

Power of attorney in the UK is most often divided into three types.

The first type is called an ordinary (general) power of attorney. It is usually granted to deal with financial affairs for a limited period of time.

The second one, a lasting power of attorney, allows the principal to make arrangements for the attorney for time when the principal will be deprived of capacity to take care of his/her own matters. It can concern both, financial as well as mental and physical health matters.

Finally, there is an enduring power of attorney (UK-specific solution) which is similar to the lasting power of attorney (in England) but can be registered after the principal loses his/her mental capacity.

What is an apostille?

Apostille is a special kind of authentication used in international legal transactions to simplify document validation. This term comes from French and refers to “annotation”. Apostille authenticates signature, stamps, seals or other elements of a document and is recognised in countries which adopted the Hague Convention on abolishing external legalisation of public documents. The main purpose of an apostille clause is to simplify the process of legalisation and international recognition.

Translation of a power of attorney

Is a foreign power of attorney valid in the UK? Why utmost precision and commitment of the translator are so important during translation of an official act such as power of attorney?

Translation into English that conveys the scope of powers granted in a document in an accurate way is highly important both in practical use of the power of attorney as well as when it comes to possible consequences of actions undertaken by the attorney. Due to differences between Polish and Anglo-Saxon legal systems leading to terminological discrepancies, it is recommended to ensure detailed verification of nomenclature. This is the best way to make sure that your original foreign power of attorney (in Polish or any other language) will be valid in the UK. Is there a universal template of a power of attorney in English? No, there isn’t because every power of attorney pertains to a different case and situation. A translator translates a document making use of his/her knowledge and considering specific circumstances, in particular translation’s recipients. The same applies for a UK power of attorney for overseas use.

Certified and uncertified (sworn) translation (UK and Poland)

It is worth ordering sworn translation services for your power of attorney because such service is authenticated and confirmed by a certified (sworn) translator. Sworn translators are qualified specialists who guarantee precision and accuracy of translation. They also have vast knowledge of legal terminology and are familiar with specific nature of official documents such as translation of a power of attorney together with an apostille clause. This ensures understanding and accurate translation of a document. And quality sworn translation (apostille included) guarantees swift and unobstructed process of your document legalization. If you care about knowledge and precision, it is worth the effort to find a translator who is not only fluent in English, but is also a lawyer by education. Such combination can be found at the Office of the Sworn Translator of the English Language Jacek Kasprzyk. We also provide our Customers with online certified translations services, including convenient dispatch and delivery of documents. Do not hesitate to contact us by calling on +48 608 722 438 or by sending us an e-mail to kancelaria@tlumaczenia-kasprzyk.pl!

Jacek Kasprzyk

Sworn Translator of the English Language in Wrocław, Poland

Source: Freepik