Power of Attorney
Delegate important legal acts to a trusted person through a notarial power of attorney
Delegation of legal powers
The notarial power of attorney: act even from a distance
A power of attorney is a legal deed by which you (the principal) authorize another person (the attorney) to carry out acts on your behalf. It is essential when you are unable to travel to sign a contract, carry out a banking transaction, manage property, or represent your interests before an institution.
A notarial power of attorney offers greater legal value than a private power of attorney: it is authenticated by a public officer, recognized by all financial institutions, land registries, and public administrations in Quebec and internationally. It is particularly valuable for real estate transactions carried out remotely.
Maître Wissam Itani guides you in drafting a general or special power of attorney, tailored precisely to your needs. He ensures the delegated powers are clearly defined and that the deed meets the requirements of the parties who will rely on it.
This service includes
- Special power of attorney (for a specific act: sale, purchase, mortgage)
- General power of attorney (for the overall management of property or affairs)
- Power of attorney for remote real estate transactions
- Banking and financial power of attorney
- Power of attorney for representation before administrations
- International power of attorney (with apostille if required)
- Precise definition of powers and duration of validity
- Revocation of a previous power of attorney
- Certified true copy for institutions
Whether you are abroad, on a business trip, or simply unable to be present for an important signing, the notarial power of attorney allows you to act through a trusted representative, with all the required legal security.
Your notarial power of attorney in four steps
A fast, precise process so your representative can act effectively on your behalf.
Defining the powers
We work together to identify the specific acts to delegate, the limits of the powers, and the desired duration of validity.
Drafting the deed
The notary drafts the power of attorney in precise terms so that it is accepted by all relevant institutions.
Notarial signing
You sign the power of attorney before the notary. The deed is authenticated and takes effect as an official notarial act.
Delivery of copies
You receive certified true copies to give to institutions or to your attorney-in-fact for use.
Your questions about power of attorney
Clear answers to help you understand when and how to use a notarial power of attorney.
A private power of attorney is drafted and signed by the parties without the involvement of a notary. It may be sufficient for routine acts but is not accepted by all organizations. The notarial power of attorney is authenticated by a notary, which gives it greater evidentiary strength and makes it incontestable. It is mandatory for real estate transactions, mortgage deeds, and certain banking or government procedures.
Yes, this is one of the most common uses of the notarial power of attorney. If you are outside Quebec or Canada, you can sign a power of attorney before a notary or Canadian consul in your country of residence, then have it forwarded to your representative in Montreal. The power of attorney must be drafted precisely to clearly identify the property and the authorized acts.
The duration of validity of a power of attorney can be freely defined: it can be valid for a specific act (a special power of attorney for a fixed term), for a fixed period (e.g. 6 months, 1 year), or with no time limit (a general power of attorney). It is recommended to specify the duration to prevent any abuse. A power of attorney ends automatically upon the death of the principal or through explicit revocation.
A power of attorney can be revoked at any time by the principal, as long as they are capable. The revocation must be communicated to the attorney-in-fact and, if necessary, to third parties who may have been aware of the power of attorney. For a formal revocation, it is recommended to have a revocation deed drafted by a notary and to notify all relevant parties in writing.
Yes, they are fundamentally different. A power of attorney is used when you are capable but unavailable: it takes effect immediately upon signing and ends upon your death or revocation. A protection mandate, on the other hand, only takes effect once incapacity has been established and homologated by the court. The two deeds complement each other and can both be useful depending on the circumstances.
Get your notarial power of attorney quickly
A single appointment is enough for your attorney-in-fact to act on your behalf — contact us today.