Power of attorney from abroad — two methods of execution: (a) before the Greek Consular Authorities, or (b) before a foreign notary public in Greek with an Apostille stamp. A common request from Greeks living abroad, all over the world, is the drawing up of powers of attorney, in order to appoint their attorneys-in-fact, representatives, and authorised recipients of service in Greece. The purpose of executing these notarial powers of attorney is to handle their legal matters in Greece or any form of representation on their behalf in Greece. Through these powers of attorney they appoint as their agents, with specific instructions, friends or relatives or — most importantly and preferably — professionals, such as lawyers, accountants, or civil engineers, or all of the above-mentioned persons. These powers of attorney are usually granted for the acceptance of inheritances, the regulation of tax matters, or, more generally, they concern matters of Greeks of the diaspora in Greece and their dealings with the Greek public administration. Furthermore, they are granted in order to effect registrations with Greek municipalities, to open family registry records, or simply to declare changes of any kind in their family status by registering, with the Special Registry Office of Athens, events that occurred abroad, such as births, marriages, baptisms, and deaths.
In Greece now, because all the events referred to above touch upon the sphere of personal data, in order for any such pending matter to be processed, the mandate granted to any third party by the interested party must be officially and in writing established. Where the power of representation and the mandate is granted from within Greece, while the interested party is present and subject to changes, this is done in two ways. Specifically, for the more straightforward procedures, a simple authorisation is sufficient, by which the interested party appoints his representative, with his signature certified as authentic by the Greek Citizen Service Centres (KEP), which fall under the jurisdiction of the country’s municipalities. However, for more serious matters and especially those involving anything to do with judicial cases, inheritance matters, sales and purchases, or any other form of transfer of assets or management of estates, an official notarial power of attorney with specific instructions and terms is required.
For residents abroad there are two ways of drawing up notarial powers of attorney. The first method concerns its execution before the locally competent Greek Consular Authorities, which, however, is relatively cumbersome and time-consuming given the workload of the Consulates. Moreover, in many cases the instructions to be granted are so specialised and detailed that they exceed the limits of the standard powers of attorney that may be drawn up by a Greek Consulate, since specialised legal knowledge and analysis of the particular matter is required, making the assistance of a lawyer or notary public indispensable.
The second method, and the more secure one — particularly for complex cases and recognised at law by the provisions of Private International Law — is the drafting and signing of powers of attorney before a notary public abroad, in the Greek language, with the use of an interpreter where necessary. The notarial power of attorney drawn up abroad, after being signed and after the affixing of the foreign notary’s seal and signature, requires certification and the stamp of the Hague Convention for those countries that have signed and acceded to it — that is, the well-known Apostille. This stamp is affixed by the public administrative services of the foreign countries, and in this manner the document acquires public force and is mandatorily accepted by the public administrative services of Greece. The major advantage of foreign notarial powers of attorney is the speed of execution, signing, and certification, which in the worst case requires a period of one week, compared to those issued by Consulates, which often require a long period of up to three months, given the workload of the Consulates and the enormous shortage of personnel and resources.
It is frequently observed that public officials in Greece WRONGLY refuse to accept foreign notarial powers of attorney, on the ground that the blue stamp of the Greek State is missing. This is unacceptable and only demonstrates the absence of knowledge and information on the part of the officials of the State machinery, and not only that of Greece.
For this reason, as has moreover been published by the website dikaiologitika.gr, the Greek Ministry of Administrative Reform and e-Governance clarifies that, with respect to administrative authorities, KEP, and citizens, regarding the acceptance or non-acceptance by domestic administrative authorities of a power of attorney from abroad issued by a foreign notary, in accordance with the relevant clarifications provided by the Notarial Association of the Courts of Appeal of Athens-Piraeus, the Aegean and the Dodecanese, the following applies:
“In order for a power of attorney drawn up abroad and conforming as to its form with the law of the State in which it was drawn up to be accepted in Greece, if the State in which the power of attorney was drawn up has acceded to the Hague Convention of 1960, which was ratified by Law 1497/1984, it must bear the APOSTILLE certification provided for by that law; otherwise, it must bear the certification of the Greek Consul.”
Consequently, the Administrative Authorities and the KEP of the country are obliged to accept powers of attorney executed abroad, provided that they meet the conditions set out above.
With regard to the issue of granting the APOSTILLE certification on the basis of the “Hague Convention”, the Greek Ministry recalls the circulars and general documents issued by its Directorate: Circular 63/2006 and General Documents E99/54/30-10-2009, E99/10/12-4-2010, E99/6/21.10.2011 & E99/4/23.5.2012.
FREQUENTLY ASKED QUESTIONS ON POWER OF ATTORNEY FROM ABROAD
1. When do I need a notarial power of attorney and when does a simple authorisation suffice?
For simple administrative procedures (obtaining certificates, filing applications with the tax office (DOY) or a Municipality), an authorisation with the signature certified as authentic by a KEP or Consulate is generally sufficient. For more serious matters a notarial power of attorney is required: acceptance of inheritance, sale or transfer of real property, incorporation of a company, appearance before a court, filing of a lawsuit or appeal, conclusion of a loan, judicial cases in general. The notarial form is often imposed by the law itself, so that the mandate is evidenced by a public document and the powers of the agent are described with legal precision.
2. What are the two methods of drawing up a power of attorney from abroad?
The first method is to execute the power of attorney before the locally competent Greek Consular Authority, which acts as a notary public. The second, and more flexible, method is to execute it before a foreign notary public in the Greek language, using an interpreter where necessary, and then have it certified with the Apostille stamp under the Hague Convention. Both methods produce an equally valid instrument. The choice depends on the country of residence, the nature of the instructions, and the speed required for the matter in Greece.
3. What exactly is the Apostille stamp and when is it required?
The Apostille is the certification provided for by the Hague Convention of 1961, which was ratified in Greece by Law 1497/1984. It is affixed by the competent authority of the foreign country and certifies the authenticity of the signature and the capacity of the foreign notary public. With this stamp, the power of attorney acquires public force and is mandatorily accepted by every Greek administrative and judicial authority. It is required when the power of attorney is drawn up in a country that has acceded to the Convention. For countries outside the Convention, consular certification by the Greek Embassy or Consulate is required.
4. How long does it take to prepare a power of attorney from abroad?
Execution before a foreign notary public with an Apostille is generally completed within one to two weeks, once the draft has been timely sent by the lawyer in Greece. By contrast, execution before a Greek Consular Authority may be delayed by several weeks, sometimes even months, due to the workload and limited appointments. In urgent matters, such as court hearing dates or deadlines for acceptance of inheritance, the second method is preferred. Sending the original by courier adds a few working days.
5. What do I do if a public service refuses to accept the foreign power of attorney?
Refusals are frequently observed from staff at KEP, Municipalities, or the tax office (DOY), on the unfounded argument that “the Greek stamp” is missing. This stance is unlawful: the Ministry of the Interior has issued clear circulars requiring administrative authorities to accept foreign powers of attorney bearing an Apostille or consular certification. In the event of refusal, the lawyer may invoke the relevant circulars, request a written response, and, if necessary, lodge a complaint with the Ombudsman or file a hierarchical appeal. Recourse to the Administrative Court of First Instance is rarely required.
6. What is the role of the lawyer in the drafting of a power of attorney from abroad?
The lawyer in Greece drafts the precise text of the power of attorney based on the instructions to be given, so as to cover all the actions required for the matter (acceptance of inheritance, transfer of real property, appearance at trial, tax filings) and avoid rejection by a notary or land registry on grounds of vagueness or lack of authority. The lawyer also checks whether the country of residence is a party to the Hague Convention, provides guidance on the certification procedure, and undertakes the subsequent handling of the case. The greatest pitfall is incomplete instructions, which force the principal to draft a new power of attorney.