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Does anyone know about "Power of Attorneys"?

J

JerseyWendy

Hi friends,

I am going ballistic over here. I need to get a Power of Attorney to/for my sister in Germany, and despite researching and making phone calls all day, I haven't gotten anywhere. :(

The only attorney who called me back told me he'd be happy to write out a POA, but advised against it (because he wants to "represent" me). Didn't matter that I made it clear I didn't need to be represented, and that the POA was the reason that my sister can do that for me (in Germany).

The other thing is that it needs to be in German, so that it will be accepted over there.

I've tried calling the German Consulate in NY City, but was unable to talk to anyone (gosh - how I love automated recordings ::))

Do any of you have any clues?

Thanks so much in advance.

---
Wendy
 
M

mladencovic

First, is this something on the line so that she can do some transaction or is court representation? If I am reading this correctly, you are looking to authorise her to do something on your behalf. In that case, here is what I have done in similar situation but with DIFFERENT COUNTRY, though I believe that will be the same:

1) Write the document yourself. Specify exactly what you need her to do. Specify exactly to whom you are giving that power (not just name but few more details). If it is something only a relative can do under the German law specify the relationship.

2) Notarise your copy with any public notary (get as many stamps as you can :), bureaucrats like stamps :( )

3) Send her the notarised document.

4) Let her translate the document in the German, preferably by some court translator (every court has bunch of them) or some other official translator.

5) Let her present both your original document and accompanied translation.
 
J

JerseyWendy

Thank you very much.

So it is possible then for me to write the POA myself, as long as I am really specific about WHAT I authorize my sister to do, and WHO exactly she is (sister, full name, date of birth, ID#, address, phone number).

Yes, this is regarding legal and financial matters.

Another question:
I am a certified "foreign correspondent", could I, theoretically, write something up both in English AND German and have it notarized? Or would a notary be hesitant on putting his seal on something he/she doesn't understand?

You see, I'm trying to spare my sister having to have the document translated, especially since she will be doing SO much for me already.

Thanks again.
---
Wendy
 
M

mladencovic

When I tried, they wouldn't even notarize that something was exact photocopy of some document which wasn't in English. The guy explicitly said that he was notarising only English documents. Of course, you might find more sympathetic person, so give it a try and try to notarise both English and German copy. I don't know if it will work, but you will be there anyway. On the other hand, my translations contained translations of notar's stamp as well (though I don't know how the guy read the water stamp :) ).

I know about the pain of the whole process. I had to do the same thing for my 60+ years old parents. But
 
M

mott768

Wendy,
I think you should ask someone who is familiar with German Law, Differant country's have differant ways of doing things, maybe contact a Lawyer from Germany or search the web for the laws and rules. Here is just one web sight I found, if there is anything Faith and I can do to help please let us know....

http://www.helplinelaw.com/lawyers/germany


PS
That toad stool is ready for you :)
 
J

JerseyWendy

mott768 said:
Wendy,
I think you should ask someone who is familiar with German Law, Differant country's have differant ways of doing things, maybe contact a Lawyer from Germany or search the web for the laws and rules. Here is just one web sight I found, if there is anything Faith and I can do to help please let us know....

http://www.helplinelaw.com/lawyers/germany


PS
That toad stool is ready for you :)
Click to expand...

Tom,
Thanks so much for the link. Yep, German law is a bit different, Germans are extremely picky and anal about what document they accept and from whom.

I'll give you guys a call this morning. :)

---
Wendy
 
M

mantis32

My lawyer to save himself from writing forms and I guess me from money...sends me to
blumberg.com for the form. He usually does the search and gives me the form to get.
 
J

JerseyWendy

I was able to talk to someone in the German Consulate yesterday morning, and he was quite helpful. The Consulate itself doesn't provide the POAs, but he said I could easily download German pre-typed POAs, re-word them for my needs, fill it out, take it to the Consulate and sign it there and have it notarized right there as well. No appointment will be necessary, and as it is a legal German document, it will be accepted.

Whew! Much easier than I originally thought, and much cheaper, too. The lawyers I spoke with wanted anywhere from $150-$200, and the German Consulate notarization will run $21.50 per copy.

---
Wendy
 
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