Need a Legal Translation of a Power of Attorney?

A Power of Attorney is a useful arrangement to have in place in certain situations, however, for families across international borders, there can be challenges to ensuring translated versions meet legal requirements.  It’s also more common today to need an official apostilled and certified legal translation of a Power of Attorney. If you will need to have your Power of Attorney translated, it’s best to choose a legally qualified translator for the job.

What is a Power of Attorney?

A Power of Attorney is a legal document that gives a person (the “agent”) authority to make decisions about another person’s (the “principal’s”) legal affairs.  You may hear of the principal being referred to as a “grantor” or a “represented party.”  It is common to use a Power of Attorney to provide an agent with the authority to conduct financial transactions or make medical decisions for a principal.  For example, an aging parent may create a Power of Attorney giving authority to their son or daughter to do their banking or sign contracts for assisted living needs.

The development of a Power of Attorney is important work because of the powers it gives a person over another.  For this reason, it’s best not to use a stock document off the internet, but instead to work with an attorney who can help the principal ensure the document gives the agent only the powers the principal desires.

What is a Durable Power of Attorney?

A Durable Power of Attorney is the same as a regular Power of Attorney except that it only takes effect if the principal becomes incapacitated.  It’s important to note that no Power of Attorney is effective if it is agreed to after a person is incapacitated.  A principal must be of sound mind to agree to the terms of the agreement.

What is a translation clause?

It’s not unusual for family members or other trusted associates to live in different countries or to speak different languages.  In fact, there are many situations where a principal needs to have a translated version of a Power of Attorney.   

Any agent who agrees to take on the responsibility for duties of the principal must be able to read and understand the terms.  In some states, there are rules that the principal or the agent can select a translator to translate the document at one of their expense.  

A translation clause attached to the Power of Attorney will attest that the translator has provided a complete and accurate translation of the original document to the best of their ability.  An attorney will be able to recommend the best wording for the clause based on the specific needs of the principal and agent, and the requirements of the State.

Other considerations for legal translations of a Power of Attorney:

A Power of Attorney agreed and signed in the United States must be notarized in the U.S. and apostilled in the state the document was notarized in before it can be used internationally.  Some countries, such as those that adhere to the 1940 Pan American Protocol on Uniformity of Powers of Attorney, have additional rules.  For example, this protocol requires a notarial act identifying the person executing the agreement and that person’s legal authority to do so.  This type of notarial act is not something most notaries in the U.S. can do.  Instead, you’ll need an attorney to do this for you.

If you believe you will need a translated version of a Power of Attorney, consult with The Perfect Translation.

The Perfect Translation understands what’s required to achieve accurate translations for international contracts, including Power of Attorneys.  Our team of linguistic experts is proficient in the target language and experienced in the type of work you’re doing.  Using our service, your translator will know the language and be experienced with the specifics of financial documents for the U.S. and foreign countries.  You won’t find that level of expertise in automated translation software programs.  Contact us today to discuss your project and receive a free quote.