How Ukrainians can get a power of attorney abroad: explanation from the Ministry of Justice
A power of attorney is a document that allows an authorised person to act on behalf of the principal. In particular, to represent their interests, conclude transactions, sign applications and contracts.
The Ministry of Justice of Ukraine has reminded that transactions involving real estate, vehicles, and other property can only be carried out on the basis of a notarised power of attorney.
If a citizen is abroad and wants to draw up a power of attorney for use in Ukraine, there are two ways to do this.
The first is to certify the power of attorney at a Ukrainian consular office. The advantage of this method is that the document does not require further legalisation or translation and is valid in Ukraine from the moment it is drawn up.
At the same time, powers of attorney for the disposal of property, in particular vehicles, as well as powers of attorney issued by way of delegation, their cancellation or termination, are subject to mandatory registration in the Unified Register of Powers of Attorney.
The second method is to have the power of attorney certified by a notary in the country of residence. In this case, the procedure for issuing the document is governed by the legislation of the state where the citizen resides.
Before drawing up a power of attorney, it is necessary to prepare a draft in electronic form. The document must indicate the place and date of compilation, the surname, first name and patronymic of the parties, their place of residence, and in some cases, their position.
If the power of attorney is issued to a solicitor, it shall also indicate their status and membership in a solicitors' association.
The term of validity of the power of attorney is specified in the document itself. If it is not specified, the power of attorney remains valid until its termination.
The Ministry of Justice also noted that a power of attorney for the conclusion of a gift agreement must specify the name of the recipient. Otherwise, the document is considered null and void.
To draw up a power of attorney, you must personally apply to the consulate or notary and have with you a Ukrainian passport (internal or for travel abroad), your taxpayer registration number, a copy of the passport of the representative under the power of attorney, and other documents depending on the content of the power of attorney.
For example, to draw up a power of attorney for the disposal of real estate, you may need copies of documents establishing ownership of the property, and in the case of inheritance, a death certificate and documents confirming family ties.
You will also need to pay a consular fee or pay for notary services. In some cases, an interpreter may be required.
If the power of attorney is drawn up by a notary abroad, the document may need to be legalised and translated into Ukrainian.
The legalisation procedure depends on the country. For example, documents drawn up in Poland or the Czech Republic do not require legalisation due to bilateral international agreements.
For most other countries, including European countries, the United Kingdom, the United States and Canada, it is sufficient to affix an apostille — a special stamp that confirms the authenticity of the signature and seal on the document.
