Drafting and notarising a power of attorney: what the text must say for each purpose
A power of attorney is a notarised document by which one person authorises another to carry out specific acts on their behalf: to sign a contract with a clinic, manage an account, collect documents or represent them in court. The attorney may do only what the text expressly says, so precise wording is what matters most. The text is drafted by a partner lawyer at Advocat.Ge according to the requirements of the receiving institution, and we arrange the notary's visit, the apostille and the translation.
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Wording that fits the purposeBank, clinic and registry requirements checked before signing
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Notary at the hospital ward or at homeWhen the principal cannot get to the office
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Ready for use abroadBilingual text, apostille and certified translation
In short: six things to know about a power of attorney
- The attorney carries out only the acts listed; anything not in the text is not within their authority.
- Banks, the Public Registry and the courts require a notarised power of attorney; a handwritten letter is not enough for them.
- Only the principal signs, in front of the notary; the attorney does not need to be present.
- The term, the right to delegate and any restrictions must be stated unambiguously in the text, so that the institution has no questions.
- The principal can revoke the power of attorney at any time, and the document ceases to be valid on the principal's death.
- Abroad, a Georgian power of attorney needs an apostille or legalisation and a certified translation.
General or special: which power of attorney do you need?
The label used in the law is not the main thing; what matters is how wide the range of powers is. The wider it is, the more trust it implies and the more often it raises questions at the bank and the registry.
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General power of attorney
Broad management of property and affairs over a long period. At first sight it is the most convenient, but banks and the registry often still require a specific transaction to be written in separately, and for the principal it is the greatest risk if their relationship with the attorney changes.
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Special power of attorney
One area or one type of act: for example, managing an account at a specific bank or dealing with a clinic during treatment. This is the form that most often suits patients' families, because institutions read it without hesitation.
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One-off power of attorney
A single act: collecting a certificate, receiving a diploma, selling one flat. Its purpose is exhausted once the task is done, so the risk of misuse is the lowest.
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Two or more attorneys
Authority can be given to several people, but the text must say whether they act only jointly or each independently. This is decisive when one relative accompanies the patient abroad while another stays in Georgia.
What a power of attorney must say for each purpose
The table summarises the powers we usually include and what the receiving party most often checks. A specific institution's internal rules may differ, so we confirm them before notarisation.
| Purpose | Powers to include | What the institution requires |
|---|---|---|
| Clinic: contract and payment | Signing the service contract, annexes and cost estimate, paying, receiving receipts and invoices, agreeing payment terms | A notarised power of attorney or its own form; a foreign clinic wants a translation and sometimes an apostille |
| Bank | Name of the bank, cash withdrawals from the account, transfers, obtaining statements, collecting a card where needed, opening or closing a deposit | The notarial form; some banks check the power of attorney in advance and ask for their own wording to be included |
| Public Service Hall and other authorities | Submitting and signing applications, requesting and collecting certificates and extracts, paying fees, receiving replies | A notarised power of attorney; some services, such as issuing a biometric document, require the person to appear in person |
| Real estate | Precise identification of the property (address, cadastral code), the specific act (sale, mortgage, lease), limits on price or terms, receiving the money, the registration application | A notarised power of attorney naming both the property and the act unambiguously |
| Court | Representation, specifying the instances, with each special procedural right listed separately: signing and filing a claim, settlement, withdrawing or admitting a claim, appeal, receiving the writ of execution | That the special rights are listed word for word; the general phrase "representation in court" does not cover them |
| Collecting medical records | Requesting and receiving medical records, discharge summaries, Form 100 and copies of test results, naming a specific institution or all institutions, and consent to the release of confidential information | The patient's express consent, written directly into the power of attorney |
| Education documents | Requesting and receiving a diploma, transcript, school certificate, academic certificate or duplicate from the institution, signing the application | A notarised power of attorney and the attorney's ID card |
If you have several purposes, the document is written in several blocks, each with its own powers. That way one visit to the notary covers everything, and each institution reads only its own part.
When a diploma or academic certificate is collected under a power of attorney
It is a common situation: a student or graduate is studying, working or being treated abroad, while their diploma is waiting at a university in Tbilisi. The institution hands the document only to its holder or their attorney, so we state precisely in the text which documents the relative may collect: the diploma, the transcript, an academic certificate, or a duplicate if the original has been lost.
As soon as it is collected, the next question arises, because a foreign university or employer wants the document in its own language. That is why we handle these two steps as one order: the relative collects the diploma with the power of attorney we prepared, and then we carry out the translation of the diploma and education documents with notarisation and, where needed, an apostille.
The essential elements of a well-drafted power of attorney
A power of attorney that an institution accepts the first time it is presented answers six questions. If any answer is vague, the attorney is turned away at the counter and a second trip to the notary becomes necessary.
- Who authorises whom: both parties' first names, surnames, personal numbers or foreign passport details, and addresses. The Latin transliteration must match the passport, or a foreign bank will not accept the document.
- Which acts: the powers as a list, with specific verbs: "to sign", "to receive", "to pay", "to submit". The phrase "on all matters" raises suspicion at the bank and the registry.
- For how long: a specific date or period that covers the real duration of the treatment or matter with a small margin. Too long a term is a risk; too short means another visit.
- Delegation: permitted or prohibited. If the attorney may themselves fall ill or travel, the right to delegate is the answer; if trust rests on one specific person, it is better to prohibit it.
- Restrictions: a maximum amount, one bank or one property, an obligation to keep receipts and account to the principal.
- Language: Georgian, or a bilingual parallel text if the document must also work abroad. The notary certifies such a text in both languages at once.
Who signs, and what if the principal cannot go to a notary?
A power of attorney is signed only by the person in whose name others are to act. The notary checks their identity, talks to them and satisfies themselves that the person understands what they are signing and is doing so of their own free will. The attorney does not need to be in the room; on the contrary, the notary often prefers to speak with the principal alone.
When the patient is in hospital or cannot leave home, the notary comes to them. We plan this visit: we agree a time with the clinic when the patient is at their most lucid, send the text to the notary in advance and check that the ID card has not expired. If the patient is taking strong medication, the notary may ask for a note from the treating doctor on their mental capacity, and we obtain that note before the visit.
If the principal is abroad or in another city, the text is drafted on the same principles, but the route to notarisation is different: video link, a consulate or a local notary. All three options are compared on the remote power of attorney page.
How we prepare a power of attorney: five steps
The legal part is done by a partner lawyer at Advocat.Ge, the organisational part by us. The principal only needs to take part in the conversation and the signing.
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Clarifying the purpose
We ask what needs to be done, at which institution and by when. If the bank or clinic has its own template, we use it as the starting point.
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Text from the lawyer
The lawyer prepares a draft and explains each clause to you: what it gives the attorney, where the limit lies and what remains solely in the principal's hands.
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Agreement with the recipient
Where possible, we show the draft to the bank or clinic in advance, so that no new objection arises after notarisation.
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Notarisation
With the notary at the office, on the ward or at home: the notary reads the text, verifies the principal's will and registers the power of attorney in the notarial register.
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Preparing it for use
Where needed, apostille, translation and a courier to the attorney, in Georgia or abroad, within the same order.
Term, delegation and revocation: what the principal controls
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Term
If no term is stated in the text, the general rule of the law decides, and institutions start asking further questions. So we always state the term directly, as a date.
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Delegation
The attorney may pass their authority to someone else only when the text allows it or when protecting the principal's interests makes it unavoidable. Delegation is also executed before a notary.
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Revocation
The principal can revoke the power of attorney at any time without giving a reason. The attorney and the institutions must then be notified in writing, and the original should be returned if possible.
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When it ends automatically
On expiry of the term, on completion of a one-off task, on the attorney's refusal, or on the death of the principal or the attorney. After death the attorney can no longer deal with the property: that is governed by the rules on accepting an inheritance.
A Georgian power of attorney abroad and a foreign one in Georgia
A foreign clinic, bank or notary accepts a Georgian notarial document if it bears an apostille (in countries party to the Hague Convention) or consular legalisation (in other countries) and the text is translated into that country's language. Two things save time: drafting the text bilingually from the outset, and finding out the destination country's requirements in advance, for example whether the local bank needs its own wording. How the Public Service Hall affixes an apostille is explained on the apostille procedure page, and an overview of all options is on the main apostille and legalisation page.
In the reverse case, when a power of attorney was issued abroad and must work in Georgia, it is apostilled in that country, and here it needs a Georgian translation and notarisation. In both directions we translate the text to the standard of our legal document translation, checked by a lawyer. If the family is planning treatment abroad, we prepare the power of attorney together with the other medical tourism documents, so that the clinic receives everything in a single package.
Frequently asked questions about drafting a power of attorney
How does a notarised power of attorney differ from a simple written one?
A simple written power of attorney, which the principal writes and signs themselves, only works where the law and the receiving party allow it, for example in dealings with some private organisations. With a notarised power of attorney, the notary verifies the principal's identity, their will and their understanding, and registers the document in the notarial register. That is why banks, the Public Registry, the courts and most authorities accept only a notarised one, and without the notarial form it cannot be apostilled for use abroad either. In practice the simple form rarely saves time.
Can one power of attorney cover banking, clinic and property matters together?
Yes, if the text describes each area in a separate block with its own powers. One document means one visit to the notary and one fee, which matters especially when the notary comes to the ward. There is a downside: at each institution the attorney presents the whole document, including the parts that do not concern that institution, and revoking one part means replacing the whole document. That is why we sometimes recommend two separate powers of attorney: one for finances and property, the other for the clinic and documents.
How long is a power of attorney valid?
For as long as it states, unless it is revoked earlier or ends on another ground. The term is the principal's decision, and we always write it as a specific date. For patients' families, a sensible term covers the expected period of treatment and rehabilitation with a small margin. Bear in mind that some banks and foreign institutions run additional checks on a power of attorney issued long ago, despite its being within its term, and ask for a new one. So a long term does not always mean the document will work smoothly for years.
Can the attorney transfer money to their own account or register property in their own name?
As a general rule, no. The attorney acts in the principal's interests, and a transaction they conclude with themselves in the principal's name is restricted by law unless the power of attorney expressly allows it. If the family has agreed that, for example, a son or daughter pays for a parent's treatment from the parent's account using their own card, this must be written into the text explicitly, with a maximum amount and purpose. Such a clause also protects the attorney, because other heirs will have no questions later. In other cases it is better for the money to be transferred directly to the clinic's account.
How much does preparing and notarising a power of attorney cost?
The cost has two parts. The first is drafting the text, and its fee depends on the number of purposes and their complexity: a one-off power of attorney to collect a diploma is much simpler than a bilingual document for selling property and representation in court. The second is the notary's fee, which the notary charges at their own rate; a visit to a hospital ward or home is priced separately. If the document is going abroad, the apostille fee and translation are added. We give you the exact total in writing after hearing your purpose, before you order; if the scope of work grows, we agree the new amount with you first.
Can the attorney be a foreign national or a relative living abroad?
Yes. The attorney can be any adult with legal capacity, regardless of citizenship. Their details are written into the text as in their passport, with exact Latin transliteration, because that is the passport they will have to show at the bank or clinic. If they will act in Georgia, the Georgian text of the power of attorney is sufficient. If they will act abroad, we draft the text bilingually or translate it, and arrange the apostille. If the principal does not speak Georgian, the notary carries out the certification with an interpreter present; we provide that interpreter too.
What follows the power of attorney
- Power of attorney remotely When the principal is abroad: video link, a consulate or a local notary with an apostille.
- Obtaining certificates and extracts With the power of attorney in place, we obtain documents from authorities, clinics and archives on your behalf.
- Translation of a power of attorney A Georgian text into a foreign language or a foreign one into Georgian, with notarisation.
One precise text saves a second visit to the notary
Tell us who is authorising whom and for what. The lawyer will propose a list of powers, and we will fit the notary, the apostille and the translation into one schedule.