Power of Attorney at the Notary: How to Sign Online?

What is a power of attorney?

A Power of Attorney (POA) is a legal document that grants an individual (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal) in legal or financial matters. This arrangement is particularly useful when the principal cannot make decisions due to absence, illness, or incapacity.

For example, Mrs. Thompson, a 72-year-old retiree, is scheduled for a major surgery that will require a lengthy recovery period. Anticipating that she might be incapacitated and unable to manage her financial affairs during this time, she decides to prepare a Durable Power of Attorney.

She appoints her daughter, Emily, as her agent. This legal arrangement grants Emily the authority to handle specific tasks on Mrs. Thompson's behalf, such as:

• Paying monthly bills (e.g., utilities, mortgage)
• Managing bank accounts and investments
• Handling insurance matters
• Communicating with the financial institution

During Mrs. Thompson's recovery, Emily uses the POA to ensure all financial obligations are met, preventing any lapses or penalties. Once Mrs. Thompson regains her health, she resumes control over her financial matters, and the POA remains in place should future needs arise.

The grantor and the agent, when issuing a French power of attorney

In France, a Power of Attorney is referred to as a procuration. This legal document enables one individual (the grantor, or mandant) to authorise another person (the agent, or mandataire) to act on their behalf in specified legal, financial, or administrative matters.

Here's what you should know about each role

Grantor (Mandant)

• Must be at least 18 years old and possess full mental capacity.
• Specifies the scope of powers delegated to the agent, ranging from general to specific tasks.
• Must voluntarily agree to the terms outlined in the procurement

Agent (Mandataire)

• Should be a trusted individual, such as a family member, friend, or legal professional.
• Acts strictly within the boundaries set by the procuration, managing tasks like property transactions, banking, or administrative procedures.
• Obligated to act in the grantor's best interests and may be held liable for any misconduct.

When and why is a power of attorney used in France?

In France, a power of attorney, or "procuration," is used for a variety of reasons, including 

• Managing finances
• Property transactions
• Managing financial affairs
• Inheritance and gifts
• Personal affairs
• Legal proceedings:

Why it's used:

• When you cannot be present to handle specific tasks or manage your affairs. Some reasons include location, illness, or other circumstances. Getting a notary power of attorney allows you to delegate those responsibilities to someone else. 
• A power of attorney gives someone the authority to act on your behalf in legal matters. 
• In cases of incapacity or when you cannot be present, a power of attorney ensures that your interests are protected and your affairs are managed by someone you trust. 
• A "mandat de protection future" (MPF), similar to a lasting power of attorney in England and Wales, allows you to organise your future dependency and designate someone to make decisions about your property and well-being if you lose mental capacity. 

How can I issue a power of attorney in France if I am abroad?

To issue a French power of attorney (procuration) while residing abroad, you must have it notarized by a French notary public. This can be done remotely, but it's advisable to confirm with the recipient of the notary for power of attorney beforehand, as some may prefer an in-person signing. 

Here's an overview of different options for issuing the power of attorney in France 

• Remote signing with a French notary via video conference: French law allows you to sign a notary for power of attorney remotely. This process is done through a secure video conferencing tool approved by the notary. To use this option, you must have a computer with a webcam, stable internet, an identity document, and access to your email. You also need to be fluent in French; otherwise, you’ll need a sworn French translator present at the signing.
• Utilising a local notary abroad: If the jurisdiction doesn't accept remote signing, or it's not feasible, you can use a local notary. This process will involve drafting a power of attorney in French, signing in front of a local notary public, and getting an apostille certificate. The apostille stamp authenticates the document for use in France. It must also be submitted to the appropriate authority. For example, the Foreign, Commonwealth & Development Office if you are a resident in the UK. 
• Sign at a French consulate: Some French consulates offer Notarized power of attorney services. You will need to book an appointment for consular legalisation and show up with the required documents. Also, if you aren't fluent in French, you must arrange for a sworn translator to be present. This option provides you with direct assistance from French authorities and ensures the document meets all necessary legal requirements. 

Note: The power of attorney must be drafted in French. Also, ensure that all documents, including identification and birth certificates, are up-to-date. If required, a sworn translator must translate the supporting documents into French.

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Types of power of attorney

Depending on the circumstances, there are different types of power of attorney in France. Here's what you should know about each type.

General POA

A general French POA grants the agent broad authority over the principal's affairs. This means they can manage financial decisions, business dealings, property transactions, and legal decisions. This type of POA is valid until the principal revokes it, becomes incapacitated, or passes away. It's ideal for situations where you want someone to manage your affairs during periods of unavailability.

Special or Limited POA

A special POA gives the agent limited power to perform specific activities. This often includes selling a property, managing a bank account, or handling a specific business transaction. Unlike the general POA, this type is valid for a defined duration. The power of attorney is usually revoked after the agent completes the task. You can use this option if you need assistance with a specific task overseas for a short period.

Durable POA

A durable power of attorney remains effective even if the principal becomes incapacitated. The scope of activities it covers can be general or limited, depending on the principal's preference. Additionally, this type of power of attorney only becomes invalid if revoked by the principal or upon their death. The durable POA is ideal if you need long-term decision-making, especially in cases of serious health issues or cognitive decline. 

Springing POA

This type of POA becomes effective upon the occurrence of a specified event, such as the principal's incapacitation. The scope of activities the agent manages can also be general or limited. For example, a limited POA might allow the agent only to make health-related decisions. Unlike the other options, this POA is triggered when a specific event occurs. A health-related POA becomes valid when a medical professional certifies the principal as incapable of making decisions. This type of POA is ideal if you want to maintain control over your affairs until a condition requires assistance. 

Pro Tip: When choosing a POA, consider the specific needs, the trust in the agent, and the scope of authority they can have. It's best to consult a legal professional for advice to ensure you make the right decision. 

Notarized power of attorney document requirements

You must provide some documents when issuing a power of attorney abroad to be used in France. These documents include

• Valid identification: A government-issued ID (e.g., passport or national ID card) to verify your identity.
• Drafted power of attorney: The POA document should clearly outline the powers granted to the agent.
• Supporting documents: Depending on the POA's purpose, additional documents like property deeds, financial statements, or medical records may be required.
• Notarization: The POA must be notarized to be legally binding.
• Apostille certification: If the POA is notarized outside France, an Apostille may be necessary to authenticate the document for use in France

Note: A certified translation is typically required if your POA or accompanying documents are not in French. This ensures that French authorities can accurately interpret and process the documents.

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How to sign a power of attorney online

Signing a Power of Attorney (POA) online is allowed in France, provided the recipient accepts it. This process will enable you to legally notarize documents from anywhere with internet access, streamlining the traditional notarization process

Here are the steps to follow:

Step 1: Choose a reputable RON service provider.

Select a trusted Remote Online Notary (RON) platform that complies with your state's laws. You can find them online by searching keywords like 

• "Power of attorney notary near me" 
• "Notary power of attorney"
• "Notary for power of attorney in France"
• "Power of attorney online notary"

These RON services offer access to commissioned notaries, allowing you to notarize documents online quickly and with guaranteed acceptance.

Some popular options include;

• PandaDoc Notary
• NotaryCam
• Notarize

Ensure the chosen platform is authorised to perform notarizations in your location. You should also read online reviews to confirm their delivery and acceptance rates. 

Step 2: Prepare the necessary documents and identification.

When you have chosen an online notary service, you should confirm the documents required. Typically, you will need;

• A draft of your POA
• A valid, government-issued photo ID
• Recent passport-sized photos

When all documents are ready, you should scan or upload your POA and supporting documents to the RON platform.

Note: Some platforms may require additional information or documents, so check their specific requirements in advance.

Step 3: Schedule and attend the online notarization session

After uploading the document, you can schedule your notarization session. Ensure your internet connection, webcam, audio, and other requirements are functional during the call. The notary will verify your identity and ask a few questions before signing. 

Step 4: Complete the signing process and receive the notarized document

Before signing, the notary will review the content of the POA. This step allows you to verify that all information is correct. If everything is intact, you'll sign the document using the platform's electronic signature feature. The notary will affix their electronic seal and signature, completing the notarization. After signing, you can download the electronic POA and distribute it to the relevant parties.

Note: While signing a POA remotely is legal, some jurisdictions and institutions might not accept it. Always confirm before initiating the process to avoid issues. 

How much does a notary charge for a power of attorney

The power of attorney notary fee can vary significantly from $5 - $100 based on location and the type of service provided. California's state-set fee for notarization is $15 per notarized signature, but a mobile notary may charge additional fees for travel and other services. Additionally, the remote online notary power of attorney cost ranges from $25 to $100.

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Legal requirements and validity

Remote Online Notary (RON) is a legally recognised method for notarizing documents using secure digital platforms, including Powers of Attorney (POAs). Here's a concise overview of its legal standards and validity in real estate transactions:

Identity verification:

• Signers present a valid government-issued ID via webcam or upload.
• Platforms employ facial recognition to match the ID photo with the signer's face.
• Some services require signers to answer security questions based on personal records.

Validity in real estate transactions

Electronically notarized POAs are legally valid and enforceable in real estate transactions across most jurisdictions. As of February 2025, 45 U.S. states and the District of Columbia have enacted permanent RON laws, recognising the legitimacy of electronic notarizations.

Does a power of attorney expire when the notary commission expires

A power of attorney is not automatically invalid when a notary's commission expires. Its validity depends on the principal and rules guiding the activities. The notary's role is to verify the identity of the signer and witness the signing. However, it remains valid as long as it adheres to the conditions outlined in the power of attorney document and applicable laws.

Advantages and disadvantages of remote online power of attorney notary services 

Online power of attorney notary services offer benefits and challenges. Here's an overview of some

Advantages of RON for POAs

• It allows you to sign documents conveniently from any location.  All you need is a computer with internet access and other technical features. This eliminates the need for in-person meetings.
• It eliminates the cost and delays of scheduling travel to get a power of attorney Notarized.
• The remote POA is ideal if you have mobility challenges or reside in remote areas.
• It offers improved security through multi-factor authentication, encrypted records, and tamper-evident digital seals to protect against fraud. 
• It provides a comprehensive digital record of the notarization process.

Disadvantages of RON for POAs

• You need a stable internet connection and compatible devices to use it. This requirement creates a limitation for people with poor Internet access and devices. 
• Not all jurisdictions accept electronically notarized POAs; it's essential to verify local laws. 
• Some RON services may charge more than traditional notary services. This often depends on the provider and state regulations. 
• Handling sensitive information online introduces risks related to data breaches and unauthorised access. 

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Common mistakes to avoid

• Using obsolete POA templates can lead to legal complications. Ensure you're using the most current and jurisdiction-appropriate forms.
• Errors such as misspelled names, incorrect dates, or missing details can invalidate the document. Double-check all entries for accuracy.
• RON platforms mandate stringent identity checks. Failing to provide valid identification or complete knowledge-based authentication can halt the process.
• Poor internet connectivity, incompatible devices, or unfamiliarity with the platform can disrupt the notarization session.
• If witnesses are required, their lack of readiness or technical know-how can cause delays.
• RON laws vary by state. Not adhering to specific state requirements can render the notarization invalid.

Revocation and termination of POA

In France, a power of attorney (POA), or procuration, can be revoked or terminated under specific legal conditions. They include:

Revocation by the principal

The principal (mandant) retains the right to revoke a POA at any time, provided they are mentally competent. Here are the steps;

• Draft a formal revocation document specifying the intent to cancel the POA.
• Inform the agent (mandataire) and any relevant third parties (e.g., banks, notaries) of the revocation.
• If the original POA was notarized or registered, you should also register the revocation.

Automatic termination conditions

A POA in France automatically terminates under certain circumstances:

• Death of the principal or agent: The authority granted ceases upon the death of either party.
• Loss of mental capacity: If the principal becomes mentally incapacitated, the POA is void unless it was established as a mandat de protection future (future protection mandate), which is designed to take effect upon such incapacity.
• Fulfillment of purpose: The authority ends once the specific task or transaction outlined in the POA is completed.

Irrevocable powers of attorney

While most POAs are revocable, certain mandats irrévocables (irrevocable mandates) are established for specific purposes, such as securing a financial transaction. These are binding and cannot be unilaterally revoked by the principal without potential legal consequences.

How Translayte can assist you with certified translation services 

Translayte is a professional translation service specialising in translating documents for legal and official purposes, including Powers of Attorney. Here's how we can support you;

• Certified translations: We provide certified translations recognised by French authorities. This ensures your documents meet all legal requirements and eliminates delays. 
• Expert legal translators: Our team comprises experienced legal translators proficient in French and your source language. Our network of translators gives accurate and compliant translations for a power of attorney. 
• Fast turnaround: We offer prompt services with a 12 to 24-hour delivery timeline. If you're on a tight schedule, you can also choose expedited delivery.
• Notarization and apostille services: We also provide notarization and apostille services to ensure a power of attorney is recognised in France. 

Need certified translation services for powers of attorney and supporting documents? 

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