One of the most valuable tools for property-buyers in a foreign country is the power of attorney. It’s a legal instrument that enables your lawyer to act on your behalf and carry out all the necessary procedures required to complete your purchase and set you up as a homeowner. Your only worry is working out when to catch a flight out to your new home in the sun!

Nervous about the practicalities of completing a property purchase in a foreign country miles from home? You needn’t be. There is a simple solution used by a large percentage of overseas buyers day in day out, and that is a power of attorney (POA). Appoint an independent lawyer to represent your interests and you’re halfway there – it’s a simple case of granting them power of attorney to take care of the transaction for you.

POA, why and how!

Appointing a POA won’t be necessary for every overseas buyer. If you have the flexibility and desire to make the odd trip out to where you are buying, to carry out administrative tasks in person or be there on completion day, then you don’t need one. You still need an independent lawyer, but you’ll be more involved in the process.

For buyers who want a hands-off buying experience without any paperwork or need to get on a flight, especially when different time zones are involved, then a POA is a godsend.

Setting up a POA allows you to give your independent lawyer the legal authority to act on your behalf throughout your property transaction and often post completion. Typical procedures they will do which might otherwise require you to do or be present include:

• Applying for your tax identification number
• Opening your foreign bank account
• Signing your purchase contract
• Signing an insurance document
• Signing the deed of purchase
• Representing you at completion (usually at the notary’s office in a European country)

Appoint a POA for a hands-off buying experience

Post completion

Even after completion once they have sorted out your new deeds at Land Registry, there are ways that your lawyer can help you. They can liaise with utilities companies, organise changeovers or new connections and set up direct debits for all your bills, including council tax. You may also wish to give them power to handle your local tax obligations or, if moving over permanently, apply for your residency permit.

Setting up POA

After discussing your specific requirements with your lawyer, the first step in the process is the drafting of the POA document. As this will apply only for the purpose of transacting your property purchase, it should be classed as a Special Power of Attorney, as opposed to a General Power of Attorney. Lawyers who work with foreign citizens prepare these regularly, so this should be relatively straightforward.

The document will outline the primary Powers that you (the Donor) are granting your lawyer the Attorney), i.e. for the purchase of a property, with clauses detailing any specific activities you need to give them.

Crucially, the content will contain safeguards to protect you in the unlikely event of fraudulent activity and ensure that your lawyer is given no more power than is necessary. As well as limiting the tasks, power of attorneys often come with an expiration date, after which it automatically expires.

Everything agreed, the next step is making the POA document effective in the local jurisdiction. In most European countries, this means signing and having it legalised by a notary (notarised). Your lawyer should arrange this and escort you to their chosen notary’s office. Typically, this can all be done while you are abroad viewing properties or at the point of finding and agreeing to purchase a property. This eliminates the needs for a return trip until after completion.

No travel necessary

In most cases, it is possible to set up a power of attorney without needing to travel abroad at all, but this involves an extra step. After your lawyer has prepared the POA, the document would need to be signed in front of a notary in your country of residence. This signed POA document would then need to be certified as authentic at government level, which is done by sending it to the Ministry of Foreign Affairs and obtaining an Apostille stamp. This step comes with a small fee. Once the POA document has been legalised accordingly, the hard copy should be sent to your lawyer, and they are ready to act as your Attorney.

You might also like:

• Residency vs citizenship: key differences
• An Irish passport could be the key to that dream home in Europe!
• Why and how to buy overseas with family or friends

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