The Importance of Legal Translation Services
“The law is the last result of human wisdom acting upon human experience for the benefit of the public.” – Samuel Johnson
Paperwork of any kind is never easy. You need an incredible amount of patience to get things done when you dip your toe in the world of bureaucracy. But, unfortunately, it is a completely necessary evil. Today, we are going to look at how this factors into getting power of attorney, specifically in non English speaking countries.
What is the Power of Attorney?
A power of attorney (the POA) is a legal authorization that gives a designated person, named as the agent or the attorney-in-fact, the power to act for another person, named as the principal. The agent may be given a broad range or limited authority to make decisions about the principal’s property, their finances, investments, or even medical care.
- A power of attorney (POA) is a legal document giving one person – the agent or attorney-in-fact, the power to act for another person – the principal.
- The agent can have broad legal authority or limited authority to make decisions about the principal’s property, finances, or medical care.
- The POA is often used when the principal can’t be present to sign necessary legal documents for a financial transaction.
- A durable power of attorney remains in effect if the principal becomes ill or disabled and cannot act personally. (Source)
When Might You Need a Power of Attorney?
Certain circumstances may trigger the desire for a power of attorney (POA) for a legal adult – someone over the age of 18.
For example, if someone is in the military, they might create a POA before deploying overseas so that another person could act on their behalf should they become incapacitated or unavailable to make important time-sensitive decisions. Though it is more common, incapacity isn’t the only reason that someone might need a POA. Expatriate workers and their families, for example, may need to set a POA for their affairs in America while doing their work overseas.
Other important tasks a POA can authorize someone to carry out are:
- Banking transactions
- Real estate decisions
- Dealing with government
- Retirement benefits
- Healthcare billing
- Incorporation of a legal entity
Power of Attorney in Latin America
There is a common misconception that to form a company, buy property, or carry out other legal work in Latin America, you have to be physically present. Processes such as filing documentation, registering with local authorities, preparing the company by-laws, opening a bank account, etc, can be complex and time-consuming. This is where a power of attorney is a useful tool that will simplify the process. It allows a trusted local partner to complete the paperwork on your behalf, without the need for you to be physically present in the country where the process will take place.
How is the Power of Attorney Granted?
A power of attorney can be created through an oral declaration at a court, or through a formal legally binding document. The latter is certainly the most recommended way of creating a POA because most countries and their respective financial institutions will require physical, authenticated, and notarized documentation to complete any formal procedures.
In regards to creating a POA, it will require the following steps:
- The grantor will provide information regarding their needs and requirements to its local partner abroad (legal firm, attorney, etc)
- The local partner will then draft a power of attorney and send it to the grantor
- The power of attorney will need to be notarized and apostilled
- The power of attorney will need to be physically mailed back to the local partner (the original)
Sounds simple, right? And sometimes, it really is as simple as that. However, often it is not.
Power of Attorney Complications
Many people choose to buy the property or start a business in Latin America to take advantage of the lower overheads, relaxed way of life, and culture shift. All of those things are what makes Latin America so special, but they can also cause problems when it comes to filing for a power of attorney. You can experience a lot of delays, information online can be inaccurate, different regions have different rules in regards to paperwork, and all of these documents must be filed using perfectly translated documents.
This is where it is super important to work with well-known, reliable, and trustworthy firms so you are sure exactly what powers you are giving away and more crucially… to whom. Since a POA is a legal document that gives your local partner the ability to act completely on your behalf, you need to make sure that you understand exactly what your documents say in their native language and what it means for you legally. That is where you need a reliable, reputable translation service.
The Translation Company
The Translation Company delivers quality, care, and understanding in every project offering a range of services that are tailor-made and adapted for law, Power of Attorney, and working in Latin American countries. The Translation Company guarantees 100% satisfaction on all of their projects and has been in the business for over 15 years – they know exactly how to deliver a fantastic service giving you complete peace of mind that you know what you are signing, and what the consequences are.
With offices in the US in Frisco, New York, Dallas, and San Francisco, and internationally in China and Brazil, they cover a range of areas and time zones. Offering translation services in over 200 languages with a huge range of subject matter experts they will be able to assist you in all your legal translation needs with outstanding quality and service. Starting with a power of attorney right the way through to home purchases, starting a business, or even filing taxes, they are here to help you. You can contact them here for more information and a friendly member of their team will be in touch with you to discuss your needs further. The Translation Company is here to ensure that your legal processes in Latin America run 100% smoothly.