Power of Attorney

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Power of Attorney


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Old 23rd August 2019, 06:03 PM
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I'm a UK citizen who has retired to Cyprus. I have set up a Scottish Power of Attorney to enable my son to take care of my affairs in the UK and, if necessary, deal with things should I cease to be capable in the future. In many years, I hope.

Does anyone know what is the procedure to get this Power of Attorney recognised in Cyprus? For the moment I'm thinking in particular about what my bank may require.

I can think of at least 3 possibilities:
1) It's recognised anyway
2) It needs an "apostille" under the Hague convention.
3) I would need to set up a new Power of Attorney under Cypriot law.

Anybody know about this.

Regards, Frank

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Old 25th August 2019, 07:54 AM
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Good morning Frank

To have a PoA recognised in Cyprus, the parties need to have their identity and signatures verified by a 'Certifying Officer' or an 'Honorary Consul' (these are officers of the Interior Ministry.)

Your UK lawyer will need to draw up the PoA and your and your son will need to make an appointment to see an Honorary Consul. See Legalisation of Documents.

There are three in Scotland - see Honorary Consulates.

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Old 25th August 2019, 06:00 PM
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Thanks Nigel.

I must admit that I looked at the section on legalisation on the high commission web site and found it confusing. It starts by saying a specific PoA cannot be based on UK legislation. I suspect the word 'specific' has a special meaning here, which is the source of my confusion. It then goes on to talk about certification.

I note that it says the principal signatory has to go to the consulate or honorary consul rather than both the signatory and the attorney. Have I missed something?

Also, the paragraph beginning "Alernatively' would seem to imply that a copy certified by a solicitor, who is a notary, could simply be sent or taken to the consulate. So my son, who happens to be in London regularly, could take a certified copy to the consulate. Is that a correct interpretation?

Regards

Frank

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Old 25th August 2019, 06:30 PM
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You're welcome Frank

There are various types of PoAs, including:

General PoA - Enables the appointed person to act on your behalf for all matters.

Specific PoA - Enables the appointed person to act on your behalf regarding the specific matters written in the PoA document.

The lawyer who prepares the PoA document does not need to sign it or do anything else. The person appointing the PoA and the appointee must take their passports with the unsigned document regardless of whether it's to be certified by an Honorary Consul or a Certifying Officer.

The Honorary Consul or Certifying Officer will check the identity of the signatories before they sign the document and will witness their signatures and stamp the document.

(There have been numerous cases in Cyprus where PoAs were accepted even though they were not correctly certified - and because of this a number of people have tried (and failed) to get out of their property purchase and loan agreements.)

Under Cypriot law a PoA cannot be certified by a lawyer.

Regards,
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Old 30th August 2019, 06:53 PM
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OK! So a couple more questions:
1) Does a new document have to be prepared by a Cypriot lawyer or is it sufficent to take an unsigned copy of the UK document?
2) Suppose I wanted to appoint more than 1 attorney, or a reserve attorney, would I have to somehow get all these people to the honorary consul at the same time?

Regards

Frank

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Old 31st August 2019, 08:07 AM
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A Power of Attorney does not have to be prepared by a Cypriot lawyer. It has to be original and not a copy - and, as I mentioned earlier, it MUST NOT BE SIGNED. (The signatures of the grantor and grantee have to be witnessed and verified.)

As far as I am aware, you can't have a reserve PoA. You need to check with your solicitor.

Regards,
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Last edited by nhowarth; 31st August 2019 at 08:22 AM.
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