Power of Attorney for Use Abroad — New York
A Power of Attorney (POA) prepared in New York for use in another country must follow specific rules to be accepted. This guide covers the most common issues — especially for Russian and Ukrainian-speaking clients.
Types of POA for International Use
- General POA — broad authority over financial or legal matters
- Special (Limited) POA — for a specific transaction (e.g., selling property, managing inheritance)
- Durable POA — remains valid if the signer becomes incapacitated
Why Russian POA Gets Rejected in New York
Russian authorities often require a specific format for powers of attorney that does not match U.S. notarial practice. A POA drafted according to Russian legal standards may include clauses that a New York notary cannot certify. If the POA is not prepared correctly from the start, it can be rejected by Russian banks, courts, or notaries.
Ukraine POA — Common Issues
Ukrainian institutions require POA documents to be notarized and apostilled. Common problems include missing apostille, wrong notarial certificate type, or POA language not matching Ukrainian legal requirements. A consular POA may be required for certain transactions.
Consular POA vs Notarial POA
A consular POA is prepared and signed at the foreign consulate (e.g., Russian or Ukrainian consulate in New York). A notarial POA is prepared by the client or their attorney and notarized by a U.S. notary. The consular path is typically required when the destination country demands a specific legal format that only their consulate can certify.
For many common transactions, a notarial POA with apostille is accepted. I help determine which path is correct for your situation before you proceed.
Step-by-Step: POA + Apostille
- Draft the POA (by you or your attorney) according to the destination country's requirements
- Remote online notarization (RON) with a New York notary
- County Clerk authentication and NY Department of State apostille
- Delivery for use abroad
Not Sure Which POA Path You Need?
Send your document for a free review. I will confirm whether you need a notarial or consular POA and the correct apostille steps.