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Old 15.12.2017, 05:56
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Validating US Power of Attorney in Switzerland

Hello forum. Newbie here. I've posted about my eldercare troubles here: https://www.englishforum.ch/family-m...a-options.html

I have a specific questions about a Power of Attorney from the US, signed by my father who is Swiss and now has moved back to Vaud. How do I go about getting his signature validated? Can I go to a notaire? It is a general POA with blanket coverage - what can I do with this in Vaud? Will doctors, care agencies, old age homes, etc. accept it? Thanks in advance.
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Old 15.12.2017, 09:10
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Re: Validating US Power of Attorney in Switzerland

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Hello forum. Newbie here. I've posted about my eldercare troubles here: https://www.englishforum.ch/family-m...a-options.html

I have a specific questions about a Power of Attorney from the US, signed by my father who is Swiss and now has moved back to Vaud. How do I go about getting his signature validated? Can I go to a notaire? It is a general POA with blanket coverage - what can I do with this in Vaud? Will doctors, care agencies, old age homes, etc. accept it? Thanks in advance.
He has to sign it in front of the notary.

You can't validate it if already signed.

Tom
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Old 15.12.2017, 09:51
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Re: Validating US Power of Attorney in Switzerland

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It is a general POA with blanket coverage - what can I do with this in Vaud? Will doctors, care agencies, old age homes, etc. accept it? Thanks in advance.
They may. Until someone questions the validity of the signature or it does not address a certain issue or is not compatible with Swiss law.
If it was signed in front of a public notary and afterwards notarized you can get an appostille to legalize the notary stamp for international use.

If there is no notary stamp he must sign the document a second time in front of a public notary.

Or even better draft a new PoA which better reflects the needs, use case, is in the local Swiss language, and addresses issues which may arise due to KESB.
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Old 15.12.2017, 10:02
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Re: Validating US Power of Attorney in Switzerland

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They may.
Not in my experience, nor my wife's.

And with several different notaries.

Tom
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Old 15.12.2017, 10:13
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Re: Validating US Power of Attorney in Switzerland

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Not in my experience, nor my wife's.

And with several different notaries.
Not validate by a Notary but accepted as a valid PoA by whom it may concern. As you say there is no formal requirement for a PoA, so the US one may be o.k.
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Old 15.12.2017, 10:50
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Re: Validating US Power of Attorney in Switzerland

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the US one may be o.k.
So get an appostilla (which must be done in the country it was notarized in).

Tom
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Old 15.12.2017, 14:25
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Re: Validating US Power of Attorney in Switzerland

I would really recommend contacting the authority for the protection of the adult (APEA) and recommending their intervention. The new adult protection laws are much better than the previous tutelle laws and are seen as a tool of last result.
You might consider getting a mandate for inaptitude in case he becomes “incapable de discernement”. Because you live abroad, you might not be permitted to make decisions on his behalf without a formal mandate because you don’t see him on a very regular basis. A power of attorney document is usually invalid once a person becomes incapable de discernement unless there is a provision within the mandate expressly negating this.
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Old 15.12.2017, 23:48
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Re: Validating US Power of Attorney in Switzerland

I have just today handed in 3 US POAs to a Swiss notaire.


US (or any other nation) POAs are only accepted here (or any other country where they are to be used) if they have become Apostilles de La Haye. The only way to do this in the US is through the state government office located in each state capital.


Your standard POA will be signed and notarised in the presence of a run-of-the-mill notary, this must then be sent to the state government for it to receive the Apostille de La Haye. The state government office will do this by adding the Apostille de La Haye stamp onto an additional piece of paper which also carries the state seal.


What they are basically doing is notarising the notary's initial POA notarisation, authenticating and authorising it with their seal (some states will even add a ribbon!)
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Old 16.12.2017, 09:45
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Re: Validating US Power of Attorney in Switzerland

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US (or any other nation) POAs are only accepted here (or any other country where they are to be used) if they have become Apostilles de La Haye. The only way to do this in the US is through the state government office located in each state capital.

Your standard POA will be signed and notarised in the presence of a run-of-the-mill notary, this must then be sent to the state government for it to receive the Apostille de La Haye. The state government office will do this by adding the Apostille de La Haye stamp onto an additional piece of paper which also carries the state seal.
Same way that it done here, though usually I go myself to the offices in the cantonal capital to get it done rather than send it, as it saves CHF 100 or so.

Tom
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Old 16.12.2017, 17:38
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Re: Validating US Power of Attorney in Switzerland

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Same way that it done here, though usually I go myself to the offices in the cantonal capital to get it done rather than send it, as it saves CHF 100 or so.

Tom
Frs 100.- WOW!, the Apostilles in the 3 US states cost them between $10 and $15 each...+ the $5 for the 1st notarization by the run-of-the-mill notary.
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Old 16.12.2017, 17:47
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Re: Validating US Power of Attorney in Switzerland

It's CHF 20 or 30 if you go in person for the apostilla, and CHF 20 or so at the commune, but CHF 100-140 if the notary does it all for you.

Tom
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Old 16.12.2017, 18:21
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Re: Validating US Power of Attorney in Switzerland

Many thanks to everyone who replied for this very valuable information.
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Old 16.12.2017, 18:44
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Re: Validating US Power of Attorney in Switzerland

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What they are basically doing is notarising the notary's initial POA notarisation, authenticating and authorising it with their seal (some states will even add a ribbon!)
Which is why it has to be done in the state (or canton) where it was notarized, as they have on file all the signatures of the registered notaries for the state (canton in CH), and verify them visually, as well as the stamp.

(I've watched it done in Bellinzona a few times)

Tom
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Old 19.12.2017, 14:25
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Re: Validating US Power of Attorney in Switzerland

Thank you
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