A power of attorney is a private document, so it does not carry an apostille on its own. To use one abroad, it first has to be signed in front of a notary. The apostille then confirms the notary’s authority. Doing those steps out of order is the most common reason these documents are rejected.
What the apostille actually covers
The apostille does not approve the contents of the power of attorney. It confirms that the notary who acknowledged your signature was a commissioned notary in that state. That is why the notarization has to be complete and correct before the document goes to the state office.
The order of steps
- Finalize the document. Once it is notarized, changes are a problem, so confirm the wording first.
- Sign it in front of a notary. Do not sign beforehand unless the notary tells you to.
- Check the notarial certificate: the notary’s name, signature, seal, commission details and the date should all be present and legible.
- Send it to the apostille office of the state where the notary is commissioned.
The state that commissioned the notary is the state that apostilles the document. It does not matter where you live or where the document will be used.
Mistakes that send documents back
A missing or incomplete notary block. A blank date, an unreadable seal or a missing expiration date can all stop the apostille.
A photocopy. Apostille offices generally need the original wet-signed, notarized document, not a copy.
A notary the office cannot verify. The state can only apostille a notary it has on record. A notary whose commission has lapsed or who is commissioned in another state will be rejected.
Staples and loose pages. Multi-page documents should be bound the way the notary and the state office expect. Removing or re-stapling pages after notarization can raise questions about whether pages were swapped.
Things to ask the receiving side
Before you start, ask the bank, agency or person abroad whether they need a particular format, language or translation. Some will want a translation, and the order of translation and apostille matters, which we cover in Should You Translate Before or After the Apostille? We cannot tell you what a power of attorney should say or whether it will be legally effective in another country. That is a question for an attorney. Our scope is the authentication step.
Get a second set of eyes first
Because notarization cannot be redone cheaply after the fact, it helps to have the finished document looked at before it is mailed. Our free document review checks the notarial certificate and routing so you know the apostille office will accept it.