A Power of Attorney is a legal document that gives a person, or trustee organisation the legal authority to act for you to manage your assets and make financial and legal decisions on your behalf.
Notary public plays an important role when executing a power of attorney legally valid and recognised overseas.
It is a process whereby a notary public, upon the application of the involved parties, legally attests to the authenticity and legality of the principal’s declaration to authorise another person to act on their behalf.
We offer a full range of notarial services for witnessing various types of Power of Attorney:
- Grant authority to purchase real estate on your behalf.
- Appoint someone to handle the sale of property for you.
- Delegate authority to represent you in legal matters.
- Allow someone to manage your financial matters.
- Authorise to handle mortgage or loan matters for you.
- Appoint someone to manage vehicle sales or registrations.
- Delegate authority for vehicle plate auctions.
- Appoint a guardian or custodian for your child.
- Entrust someone to manage inheritance.
- Assign someone to handle any other specified legal affairs.
Required Documents
- The content of the power of attorney (the applicant should consult the document’s intended recipient in advance to understand the content requirements and obtain a format sample);
- The applicant’s original valid passport and Driver’s Licence/Photo ID;
- If related property involves joint ownership by a married couple, both parties must be present to complete the process.
Frequently Asked Questions (FAQ)
Notarisation is the process where a Notary Public verifies the authenticity of documents to ensure their legal validity. Legalisation, on the other hand, is completed by the Department of Foreign Affairs and Trade (DFAT) in Australia and is divided into two types: Apostille and Authentication Certificate.
Apostille is for countries that are signatories to the Hague Convention. Once the document is authenticated by DFAT, it can be used in any of the Hague Convention countries without additional consular authentication. The process is simpler.
Authentication Certificate applies to non-Hague Convention countries. After authentication by DFAT, the document must also be submitted to the relevant consulate for further legalisation.
Please confirm whether the destination country is a signatory to the Hague Convention to determine the applicable certification method.
The processing time depends on the service:
Standard Process: Notarisation and certification typically take 7-10 days.
Express Service: Expedited processing is available based on your needs.
Costs: Fees vary depending on the number of documents, type of documents, and speed of service.
It is recommended to contact us before booking to get an accurate quote.
If notarised documents (such as power of attorney or affidavits) are to be used in China, Chinese versions can be directly prepared. However, we recommend confirming with the domestic institution beforehand to ensure that the document format and content meet their requirements to avoid delays.
For legal documents with both Chinese and English versions, ensure both versions are consistent to avoid potential legal issues.
The Apostille certificate issued by the Department of Foreign Affairs and Trade (DFAT) is only provided in English (the official language). If the domestic institution requires another language, the document must be translated by an accredited translation agency in that Country after certification is completed.
Australian registered notaries can only issue notarial documents in the official language (English). If another language is required, translation must be done after the certification process by an accredited translation agency in your Country.
Although China is a signatory to the Hague Convention, some domestic institutions still require consular legalisation due to delayed policy updates. It is recommended to confirm with the relevant institutions before submission about the latest requirements for Apostille.
The Chinese Embassy in Australia stopped processing consular legalisation on November 7, 2023. For more related policies, please refer to the Chinese Embassy in Australia website.
Documents that require signatures, such as power of attorney or affidavits: By Australian law, these documents must be signed by the applicant in the presence of the notary and cannot be signed via video conferencing or electronic signatures.
Document-based files (e.g., birth certificate, marriage certificate): The notary can verify the original document, and the applicant can send the original to our office in Sydney without the need to be present.
Australian academic document notarisation: For degree certificates or transcripts from Australian universities, the applicant can send the original or electronic version to us. The notary will first verify the authenticity of the document with the relevant educational institution before proceeding with notarisation and legalisation.
Notarisation and legalisation typically do not have a specific expiry date but depend on the content of the document. For example:
If passport details are updated, the document must be re-notarised.
Criminal record certificates, single status certificates, etc.: Some institutions may require them to be issued within 6 months.
Academic documents: Some institutions may have a timeframe requirement for certification for degree verification or employment purposes.
It is recommended to consult the relevant department before proceeding to ensure the document’s validity.
Brightstone helps you with
1. Assiting in prepare your Notary documents
Provide the best solution from our professional Notary Public team on your documents to be used overseas, dedicated assistance in preparing the documents and Make an appointment with one of our Notary Public.
2. Meet with you to Notarise your documents
Bring your Original Valid Passport to the Brightstone Legal Office. We will either witness your signature on the Power Of Attorney and Statutory Declaration or certify a true copy of your original Australian Certificate and issue a Notary Certificate.
3. Authentication / Apostille Certificate
We will personally deliver your Notary documents to the Department of Foreign Affairs and Trade application forms along with your sealed Notary documents for Authentication or Apostille.
4. Receiving the completed Notary documents.
Within around 7-10 days, your completed notary documents will be ready for you to pick up from our office, or post overseas by your instruction.
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