Signing a Power of Attorney for Property in Another Country From BC

Many Lower Mainland families still own a flat, a house or farmland in the country they came from. When it is time to sell, collect rent or deal with a land office, it is rarely practical to fly back for every step. A power of attorney lets a trusted relative or agent act for you there.

The catch is that the document has to work in the other country, not just in BC. That usually means using that country's wording, signing it before a BC notary, and getting it authenticated so officials abroad will accept it. Getting one step wrong can mean the document is rejected after it arrives.

A BC power of attorney usually will not do the job

BC has its own Power of Attorney Act, with its own form and signing rules. For example, section 16 of the Act requires an enduring power of attorney to be signed before two witnesses, or one witness if that witness is a lawyer or a BC notary. Those rules are built for use in BC. A land registry, bank or court in another country generally applies its own law, and will expect a document that meets its own requirements.

In practice, this means the starting point is usually a draft prepared in the destination country, often by a lawyer or agent there, in the wording local officials expect. Your role in BC is to review it, sign it properly and have it authenticated.

Before you sign: check the draft

Read the document carefully, with a translation if it is not in a language you understand. Points worth checking include:

• Scope. Is it a general power, or limited to one property or one transaction, such as selling a specific flat? A narrower document gives the attorney less room to act outside your wishes.
• Property details. The address, survey or registration numbers and owners' names should match the title records exactly.
• Powers given. Selling, signing a sale deed, receiving money, paying taxes, appearing before a registrar, and whether the attorney can appoint a substitute.
• Duration and revocation. Whether it ends on a date or after the transaction, and how you could revoke it.
• Names and identity documents. Your name as it appears on your passport and on the foreign title records. Differences in spelling can cause problems later.

Signing in front of a BC notary

Many countries expect a power of attorney signed abroad to be notarized. In BC, that is done by a lawyer or a notary public, who confirms your identity, watches you sign, and signs, dates and seals the document.

BC's authentication office has specific requirements. Its guide says a notarized document must be signed, dated and sealed by a BC notary public acting as a notary, and that documents signed or sealed as a commissioner for taking affidavits will not be authenticated. It also recommends using a notary who is already on file with the office to avoid delays. If the document is not in English, a translation that meets the office's requirements may need to be notarized with the original.

Bring your passport and any other identification the notary asks for, and the full, unsigned document. Our guide on what to bring to a notary appointment has a checklist.

Apostille or legalization

After notarization, the document usually needs to be authenticated so it is accepted abroad. Canada joined the Hague Apostille Convention, which took effect for Canada on 11 January 2024. For BC documents, authentication is done by the Province, and documents authenticated on or after that date receive an apostille certificate.

• If the destination country is a party to the Convention, an apostille is generally enough and no further legalization by that country's consulate is needed. India and the Philippines are both listed as contracting parties on the Hague Conference's status table.
• If it is not, the document may also need to be legalized by that country's embassy or consulate after BC authentication. Check with the consulate first.

The Province's guide gives current processing times, and notes that its program is separate from the federal Global Affairs Canada service, so confirm which one applies to your document. For more on the process, see our article on apostilles for BC documents used abroad.

What happens after the document arrives

Authentication in BC is often not the last step. Depending on the country, the power of attorney may need to be stamped, registered or presented to a local office within a set period after it arrives, before the attorney can use it to sell or transfer land. Those rules are set by the law of that country and can change, so confirm them with a lawyer or the land office there before you sign.

Keep a copy of everything, and keep in touch with the attorney as the transaction proceeds. A power of attorney gives real authority over valuable property, so choose someone you trust and limit the powers to what is needed.

Planning ahead for property abroad

If you own property in more than one country, it is worth asking how your BC will deals with it, and whether a separate will or other arrangement is needed in the other country. Our guide on signing BC documents from outside Canada covers the reverse situation, when you are abroad and need to sign something for BC.

Signing a power of attorney for property abroad? Book the signing with us

Our notary services cover reviewing the document you have received, confirming your identity, witnessing your signature, notarizing the power of attorney and any supporting papers, and guidance on having it authenticated in BC. For BC assets and your wider estate plan, our wills and estate planning team can help as well.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.