Why use a French notarial power of attorney?
If you live in France and are buying, selling or mortgaging a property abroad, but cannot travel for the signing, the usual solution is to appoint someone on the spot to sign on your behalf. The professional handling the transaction in the other country — notary, lawyer, conveyancer, title company or lender — will then usually ask for a power of attorney signed before a French notary, bearing an apostille and accompanied by a certified English translation.
The exact requirements vary from one country to another, and even from one US state to another. Before anything else, ask the professional abroad to confirm in writing what they need: the wording of the power, the apostille, the translation, and whether they require a paper original or will accept an electronic version.
In England and Wales, for instance, HM Land Registry Practice Guide 9 provides that, where a document is executed under a foreign power of attorney, the application must include a certified copy of the power, a translation if it is not in English or Welsh, and an opinion from a lawyer qualified in the jurisdiction where the power was granted.
The five steps, in order
- 1. The draft power of attorney. The French notary drafts the document, often based on instructions or a template provided by the professional abroad: details of the attorney, description of the property, and the powers granted (signing the deed, paying the price, taking out a loan, granting a mortgage…).
- 2. Signing before the notary. You sign the power of attorney at the notary's office, on a date set to fit the timetable of the transaction abroad.
- 3. The certified translation. The signed power of attorney is translated into English by a sworn translator appointed by a French Court of Appeal.
- 4. The apostille. For a French document going abroad, the apostille comes after the translation. It certifies the authenticity of the notary's signature and seal and, where the foreign authority requires it, of the translator's signature on the certified translation.
- 5. Sending the original abroad. The original power of attorney and its certified translation, both apostilled, are sent to the professional handling the transaction, ahead of the scheduled signing date.
The apostille: what changed in 2025
Since 1 May 2025, apostilles in France are no longer issued by the public prosecutors' offices at the courts of appeal, but by the notarial profession, through regional and interdepartmental centres. Requests are made online, as explained on service-public.gouv.fr. A notarial power of attorney is one of the public documents that can be apostilled; however, a notary cannot apostille a document they drew up themselves, or one drawn up by another notary in the same office.
The apostille is now issued in electronic form. A paper version can be provided on request: if the professional abroad insists on a paper original, ask for it from the outset.
An apostille is only valid in countries that are party to the Hague Convention of 5 October 1961, which include the United States and the United Kingdom. For other countries, legalisation is required instead: since 1 September 2025, this also goes through the French notarial profession first, and is then completed by the destination country's embassy or consulate in France.
The certified translation: three tips to save time
Have the translation prepared from the draft. Timetables for property transactions abroad are often tight. The translation can be prepared from the draft sent by the notary's office, then updated on the signed version: all that remains is to add the signing date and the final notarial clauses, and everything can go for apostille straight away. The certified translation you receive, of course, covers the final, signed document.
Tell your translator where the document is going. A power of attorney for use in the United States is not translated in quite the same way as one for use in England: spelling, date formats and terminology differ (attorney-in-fact on one side of the Atlantic, attorney on the other; closing versus completion…). Scotland, with its own property law, has its own vocabulary. Concepts with no exact equivalent must also be rendered with care: a French notaire, for example, does not perform the same role as an American notary public.
Translate first, apostille second. The translation covers the entire deed and the notary's formal wording. The apostille is requested once the translation is done: where the foreign authority requires it, the translation itself is apostilled, the sworn translator's signature being certified and the translation submitted together with the original document.
Good to know: I translate French notarial powers of attorney into English from the draft or the signed deed, before the apostille, following the conventions of the destination country. See the power of attorney translation page.
The reverse case: a power of attorney signed abroad for a transaction in France
Do you live in the United Kingdom, the United States or another English-speaking country, and need to buy, sell or borrow against a property in France? The process is the mirror image. The power of attorney is signed before a local notary public, then apostilled by the competent authority: in the UK, the Legalisation Office of the Foreign, Commonwealth & Development Office; in the US, generally the Secretary of State of the state in which the notary public is commissioned. The French notary will then require a certified French translation of the whole document, apostille included.
The safest approach is to ask the French notary first what form and wording of power of attorney they will accept. Depending on the case, they may also offer a remote notarial power of attorney, signed electronically. Finally, remember the supporting documents the notary's office often asks for, such as foreign birth certificates or marriage certificates, which will also need to be translated.
Frequently asked questions
The signing abroad is only days away: can it be done?
In most cases, yes, provided the translation, the apostille and the dispatch of the original are planned ahead. Give the scheduled signing date in your request and the translation will be timed accordingly.
Can I send a scan?
Yes. A legible scan of the draft, and then of the signed deed, is enough to produce the translation; the original is meant for the professional abroad.
Will the translation be accepted abroad?
Requirements vary: some countries and professionals accept a certified translation by a sworn translator in France as it stands, while others require the translation itself to be apostilled. Check this point with the recipient before the signing.
Can you send the translation directly to the professional abroad?
Yes. With your consent, the certified translation can be sent directly to the notary, lawyer or lender abroad, as a signed PDF and, where needed, as a paper original.