When will we be asked for an official translation of a power of attorney?
A power of attorney confers on a person the right to act in the name and on behalf of another in legal, commercial and/or financial matters. It is generally used because the principal (principal's agent) cannot be present at the time and place where the act in question is to be carried out.
There are various types of powers of attorney. The general one is the broadest, and empowers the representative to take all kinds of actions regarding a person's assets. For example, signing the sale and purchase of a house in your name.
There is also the general power of attorney for litigation, which empowers the attorney to take the necessary legal steps in a legal proceeding, such as filing a lawsuit. Another version is the power of attorney to administer assets, which empowers the representative to manage the assets of the principal.
There are also special powers of attorney for specific legal transactions in which it is possible to act through a representative.
In any case, the power of attorney clearly identifies the agent and the principal, confirms the principal's wish to authorise a person to represent them and determines the scope of the power of attorney and its validity.
This type of power of attorney exists in almost all countries, so foreign authorities usually accept its use, provided that the original document is accompanied by a sworn translation if it comes from a foreign country and is written in another language.
The sworn translation of a power of attorney may be necessary, for example, to authorise the signing of the sale of a property located abroad if the seller cannot travel there, or to enable a litigant's solicitor and barrister to defend them in the courts of another country.
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How can I request the sworn translation of a power of attorney?
First, a legally valid power of attorneymust be drawn up, and then this document must be presented to the sworn translator. This because no authority will accept such a document translated by a non-accredited translator.
A power of attorney is a complex document with many legal terms and it is essential that the translation is completely faithful to the original, as any small change could alter the powers of representation and have serious legal consequences for the principal.
For this reason, the official translator must not only have a good knowledge of the source and target languages, but must also be aware of the legal concepts that are commonly used in this type of power of attorney.
If you need professional translation services, at LinguaVox we have a network of 18 offices and collaborate with sworn translators throughout Spain who translate into the 39 languages in which the Ministry of Foreign Affairs, European Union and Cooperation has authorised translators.
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