Power of attorney in English for use abroad

Ask the recipient for written instructions

The destination country alone is not enough. A bank may have its own form, while the notary handling a transaction may need to check the wording of the powers granted. Ask the intended recipient for written instructions and pass them to the drafter, translator and person arranging authentication.

For example, the Dutch government's guidance on signature legalisation for Dutch nationals abroad tells applicants to check whether the recipient will accept legalisation by a Dutch embassy or consulate. That guidance applies to this particular service. ^[1]

• Identify the recipient and the acts someone will carry out under your authority.
• Ask which form or wording must be used.
• Request details of the language, type of translation and translator credentials accepted.
• Record the requirements for signing, authentication and submitting originals or copies.

Identify the document to be translated

When translating a signed power of attorney, preserve the authority, restrictions, identity details and dates in the source. A translator must not add powers to sell assets or receive payments to make it fit the recipient's form. Such changes need to be discussed with the person granting the power and their legal adviser.

For an unsigned draft, complete the legal review and check the recipient's requirements first. Once the wording is approved, align the Indonesian and English versions and establish the status of each. Any amendments need to be reflected in both languages.

A translation made after signing should be identified as a translation of the source document. Record the source date and the translation's issue date according to their different purposes. Do not present the English version as though it was also signed on the date of the original.

What principal and attorney mean

In Legal Aid New South Wales guidance, the person granting a power of attorney is the principal or donor, and the appointed person is the attorney. An attorney in this context does not have to be a lawyer. ^[2] If your appointed representative is an employee or family member, translating their role as lawyer can change the meaning.

Terminology must fit the document and the applicable law. Under the NSW guidance, a general power of attorney ends when the principal loses capacity, whereas an enduring power of attorney continues in those circumstances. ^[2] Adding enduring just to make the title sound formal risks introducing a legal concept that the source did not intend.

Keep the scope of authority consistent

Article 1795 of the Indonesian Civil Code distinguishes special and general grants of authority. Under Article 1796, a power expressed in general terms covers only acts of administration. Certain acts require express wording. Article 1797 prohibits the attorney from exceeding the authority granted. Rules specific to the authorised acts and the destination country's requirements must also be checked. ^[3]

Fictional example: someone is authorised to submit documents and collect copies. The translation then gives them authority to complete the entire transaction. The scope has changed. When comparing the two languages, check the permitted acts, their subject matter, approval conditions, financial limits, duration and provisions for appointing a substitute. Read any general wording at the end of a list carefully so that it does not expand the authority.

Check identity details and the signatory's position

Check the spelling of names, identity numbers, addresses, legal entity names and document numbers against the agreed source. Ask for a clearer scan if any letters are illegible. A date such as 03/04/2026 also needs confirmation before spelling out the month, as readers may understand it as 3 April or 4 March.

For an Indonesian company, Article 103 of the Limited Liability Company Law provides for the board of directors to grant written authority for specific legal acts described in the power of attorney. Checks on authority to represent the company should include Article 98 and the company's articles of association. ^[4]

The legal team needs to check who is authorised to act, in what capacity and for which company. The translator needs suitable supporting documents to translate those details accurately. Send them through the agreed channel. Translating a job title into English does not itself establish the signatory's authority.

Arrange authentication for the document concerned

When the recipient asks for a notarial act, establish what work is required. Drawing up a deed, authenticating a signature and certifying a copy each have their own purpose. The Apostille Convention covers notarial acts and certain official certificates placed on documents signed in a private capacity, including authentications of signatures. ^[5]

An apostille authenticates the origin of a public document, including the signature, the signatory's capacity and the seal or stamp. HCCH explains that an apostille does not certify the contents or confer additional authority. Errors in the scope of a power of attorney still need to be resolved even if the document has an apostille. ^[6]

Before arranging one, check whether the Convention applies between the countries of origin and destination, whether the document is within its scope and whether any exemptions apply. For procedures outside the Convention, ask the destination country's embassy or consulate for guidance. The order of translation and authentication follows the requirements for that document. ^[5][6]

An example of requirements for use in the Netherlands

The Dutch government explains that Indonesian-language documents for use in the Netherlands need to be translated into Dutch, English, French or German by a sworn translator. Where the translation is made determines the legalisation steps. ^[7]

If the translation is made in Indonesia, both the original and the translation must be legalised. If you use a sworn translator in the Netherlands, have the original legalised in Indonesia first, then translated in the Netherlands. The translation made in the Netherlands through this route does not need legalisation. ^[7]

These instructions apply to use in the Netherlands. The bank or notary receiving your power of attorney still needs to confirm its required form and completeness. Follow the relevant destination country's guidance if you intend to use the document elsewhere.

Check the complete file before submission

Use one source version and keep a record of amendments. For a law firm or corporate assignment, nominate one person to approve changes. The final check should cover the entire file to be submitted, including annexes, authentication certificates and signature pages.

• Check the parties' names, capacities, the subject matter of the authority and all figures against the source.
• Reread the limits of authority, dates and exceptions in both languages.
• Resolve illegible passages and any information that remains uncertain.
• Check the output format and the completeness of originals or copies against the recipient's instructions.

Frequently asked questions

Does every power of attorney in English require a sworn translation?

The requirement depends on the form of the document, its intended use and the category of translator recognised by the recipient. Using English alone does not determine the requirement. ^[1][7]

Does an apostille guarantee that a power of attorney will be accepted?

No. An apostille authenticates the origin of the document. The recipient still needs to assess its contents and whether the authority is sufficient for the intended transaction. ^[6]

Can a name be corrected directly in the translation?

Raise the discrepancy with the issuer or relevant adviser so that any action needed on the source document can be decided first. A translator must not silently alter identity details.

Requesting a translation assessment from LegalTrans

For an assessment, provide the destination country and receiving institution, the purpose of the power of attorney, the language pair, whether it has been signed, the page count and the deadline. A summary of your requirements or a redacted sample is enough to start. Passports and full transaction details can be supplied later through the agreed channel.

LegalTrans can help assess the scope of Indonesian–English translation and check consistency between the languages. Agree the scope and delivery channel before sending the complete file. Drafting the powers and assessing legal validity remain matters for the appropriate legal adviser or official. This guide covers document preparation in general. Decisions about your case or transaction require a separate assessment.