Notarised translation of a power of attorney: a case of revoked authority

A client executed a power of attorney in Russia for a representative in Georgia — to manage real estate, sign contracts, represent his interests before authorities. We produced a notarised translation into Georgian and had it apostilled. A month later the deal fell through: in the meantime the principal had, before another notary, executed a revocation of the power of attorney but forgot to tell the representative. The translation was perfect. What was invalid was the original itself.

A power of attorney is a "perishable" document

It has a term of validity. If none is stated in the text, in many jurisdictions the default is one year from the date of issue. It can be revoked at any moment without explanation. And the receiving side almost always checks how recent it is: some notaries and registrars abroad accept a power of attorney no older than 3–6 months, even if a longer term is stated in the text.

The second risk is the scope of authority. The Russian wording "to represent interests before all institutions and organisations" is often considered too general abroad. A notary or official in another country wants to see a specific act: "to sign the contract for the sale of the flat at such-and-such address", "to obtain document X from body Y", "to open an account at bank Z". If the authority is vaguely worded, the translation will not help — a new power of attorney with specifics will be requested.

How to do it right

Draft the power of attorney for a specific task and to the requirements of the country where it will be used. Ideally, show the Russian notary in advance a sample power of attorney from that country or the written requirements of the receiving side. Check the term of validity and plan so that at least a month of margin remains by the time it is used.

Order the translation and apostille immediately after signing. Warn the representative: if the principal changes their mind, the revocation must be communicated to everyone at once — to the representative, to whoever holds the translation, and, where possible, to the body the power of attorney is submitted to. And keep the principal and the representative in contact right up to the deal itself: most "dead" powers of attorney are not translation errors but a lack of coordination between people.