Poland – Power of Attorney (Pełnomocnictwo)

Why do you need to appoint an attorney in Poland?

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The power of attorney or pełnomocnictwo is an important legal document in Poland.

If you live in Australia, but you have legal matters in Poland, you might need to appoint someone (ie, an attorney) in Poland to handle those matters for you.

There can be serious consequences if the pełnomocnictwo hasn’t been prepared properly. You have delays or incur additional costs if you don’t take the right steps to sign and notarise the pełnomocnictwo.

Who can write the pełnomocnictwo?

Your lawyer (or your attorney’s lawyer) in Poland would be the best person to write the pełnomocnictwo. This ensures that it’s legally valid according to the laws and written in the legal language (ie, Polish) in Poland.

We don’t recommend using a power of attorney from Australia. The power of attorney from New South Wales is written in English and contains references to New South Wales legislation. Some templates include a statement that it’s only intended to be used in New South Wales. It’s unlikely that this kind of power of attorney will be valid in Poland. Even if it was valid, it could have unintended or unexpected legal consequences.

How do you notarise the pełnomocnictwo?

Once you’ve received the pełnomocnictwo (power of attorney), the next step is to have it notarised. Notarising the power of attorney for Poland usually means you must sign it in the presence of a notary public.

The notary public must:

  • Verify your identity
  • Witness you sign the power of attorney, and
  • Sign and stamp the power of attorney with their notary seal.

Everyone giving the power (ie, appointing the attorney) must sign the power of attorney.

Australia recognises digital or electronic signing and witnessing of documents, however, this doesn’t apply to international documents. This means you must physically sign the power of attorney for Poland in person.

How can we help with the power of attorney for Poland?

As a leading provider of notary public services in Sydney, we help many clients by notarising their power of attorney.

We also help with arranging for the apostille from DFAT.

What’s an apostille?

An apostille is a stamp issued in accordance with the Apostille Convention.

Both Australia and Poland are members of the Apostille Convention. This means that documents from Australia must be stamped with an apostille before they can be used in Poland. Those documents won’t be accepted in Poland without an apostille.

Accordingly, your power of attorney signed in Australia must be stamped with an apostille. Your lawyer in Poland should be able to confirm the requirements from a Polish perspective.

How do you get an apostille?

In Australia, the apostille is issued by the Department of Foreign Affairs and Trade (DFAT).

DFAT will only stamp an apostille on a public document (which is an original Australian government document) or a private document notarised by a notary public.

A power of attorney is not usually a public document – it’s a private document (ie, existing between you and your attorney). If you’re signing a power of attorney to appoint someone to act on your behalf in Poland, your power of attorney must be notarised before it can be stamped with an apostille.

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Do you have any questions?

Sending documents from Australia to other countries can be complicated. We make it simple.

If your documents must be stamped with an apostille or authenticated and then legalised, we can help with that too. We've also created a flowchart to explain the process.

Not sure what you need? Contact us or visit our Frequently Asked Questions for more information.

So, what's next?

Visit our Notary Fees page for a free quote for our notary public services. Otherwise, call us on +61 2 9687 8885 to speak with our friendly team about your requirements.

Why choose Phang Legal for your notary public services?

We're a leading provider of notary public services in Sydney. We're known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice.

Our office is conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area. We help clients from across Sydney and beyond with personal, professional and timely notary public services.

Ern Phang, Notary Public
Ern Phang
Notary Public

This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.

Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.

All information on this website is for general purposes only and correct at the time of publication. Only rely on information and advice that is specific to your situation and current at the time you wish to rely on it.