Power of Attorney in Poland for Foreigners: Notary, Consul or Apostille
Selling a flat, collecting documents or running a case while you are abroad: which form of power of attorney Polish law requires and how to get it accepted.
Power of Attorney in Poland for Foreigners: Notary, Consul or Apostille
Selling a flat, collecting documents or running a case while you are abroad: which form of power of attorney Polish law requires and how to get it accepted.
Same formas the act itself (Civil Code, art. 99)
Notarial deedneeded for property sale or purchase
Apostillefor most documents signed by a foreign notary
Which form you need
A power of attorney (pełnomocnictwo) generally has no required form. But if the act itself needs a special form, the power of attorney must have the same form (Civil Code, art. 99 §1). A sale or purchase of real estate requires a notarial deed, so a power of attorney for it must also be a notarial deed. For general management of affairs, written form is required (art. 99 §2).
Signing in Poland
A Polish notary prepares the deed in Polish. If you do not speak Polish, the notary must use a sworn translator. Notary fees are capped by regulation and depend on the scope; ask for a quote in advance.
Signing abroad
At a Polish consulate: a consul can perform notarial acts, and documents are accepted in Poland without an apostille.
With a local notary: the document usually needs an apostille (for countries in the Hague Convention) and a sworn translation into Polish. Check with the Polish notary or office that will use it before you sign.
Powers of attorney for offices
In administrative cases (e.g. your residence case) a representative can act for you with a written power of attorney and a 17 zł stamp duty, but some steps must be done personally, for example signing a MOS application and giving fingerprints. See help with karta pobytu.
Revoking
You can revoke a power of attorney at any time, unless it was granted as irrevocable for a reason in the legal relationship. Notify the attorney and anyone who relies on it, in writing.
Frequently asked questions
Do I need a notary for a power of attorney in Poland?
Only if the act itself requires notarial form, such as selling or buying property. Otherwise written form is usually enough.
Can I sign a Polish power of attorney abroad?
Yes, at a Polish consulate, or with a local notary plus an apostille and a sworn translation.
Can someone file my residence application for me?
No. You must sign the MOS application and give fingerprints personally.
Sometimes the language. Sometimes a useful service. Sometimes help with a process that is free at the official source. Here is how to tell the difference.
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