Giving power of attorney

SIGNING the final deed, or Acte de Vente, takes place in the notaire’s office and often both the buyer and seller are present.

However, it may not be convenient for the purchaser to be present, especially if they live abroad or the date of the signing has been changed at the last minute.

This is particularly frustrating if you have booked flights or ferry tickets.

The answer to these problems is the granting of power of attorney to a responsible person to act on your behalf.

Known in French as a procuration this document grants the person appointed to undertake the actions authorized on behalf of the person granting the power.

It is clear that this is a very powerful and potentially disastrous legal procedure so advice and time should be taken before granting power of attorney to a person.

The notaire handling the sale of the property will be able to draw up the document and outline the various acts the attorney is able to perform.

It should also contain the full names of the attorney and the person giving the power, details of the deed that can be signed and any other formalities that have to be completed.

For example, if the attorney needs to draw a cheque on your bank account the papers should detail this.

If you are still living in the UK then you will have to sign the document in front of a notary public who has responsibility for witnessing such things for use abroad.

It is also possible for officers of the French consulate to act as witnesses.

You should only grant a power of attorney to a person you really trust be they a member of your family or your lawyer.

If you use a lawyer should they do anything illegal or untoward they would be struck off from the profession and you would receive compensation.

Often a clerk of the notaire overseeing the sale acts as attorney, although this saves some money for the purchaser it could be risky – and some notaires refuse this option.

Remember it is your decision whom you give power of attorney to, although you may not be present at the signing it doesn’t mean you have to use someone you are not completely happy with.

The process of buying and selling property can be a time consuming affair and if the worst happens and the sale is delayed, or falls through, it is possible to cancel the power of attorney.

Within the document you could clearly state that the power only lasts for a specific time period, say six months.

Alternatively you could send a letter by recorded delivery cancelling the agreement, and it ceases to be valid on the death of the person who granted it.

Should you attend the signing of the Acte de Vente it will not only be interesting but also give you a chance to check anything before the final signing.

And there is nothing stopping you setting up a power of attorney as a fallback just in case.