Notarial Power of Attorney from the USA for Matters in Poland

Introduction

Living in the USA often requires handling matters in Poland: selling an apartment, inheritance, signing a contract, representation in court. A power of attorney gives a trusted person (usually a family member) the right to act on your behalf.

Types of Powers of Attorney

• General — for ordinary management of assets; NOT sufficient for selling real estate
• Type-specific — for a specific category (e.g., all inheritance matters)
• Specific — for a specific action (sale of a specific property, signing a specific contract)
• For ZUS — special ZUS-PEL form, simple
• For the tax office — PPS-1 form, simple

Formal Requirements

• Sale of real estate: notarial deed (NEVER a regular written form)
• Inheritance (notarial): notarial deed
• Most others: written form with a certified signature

Two Paths — Power of Attorney from the USA to Poland

Path 1: Polish Consulate (BEST)

• The consulate has the authority of a Polish notary
• A notarial deed prepared at the consulate = Polish power of attorney, effective immediately
• DOES NOT require apostille or translation
• Polish consulates in the USA: NYC, Chicago, LA, Houston, Washington DC
• Appointment: e-konsulat.gov.pl (book early — waiting time 2-6 weeks)
• Cost: 100-200 USD (depends on complexity)
• What to bring:
  • Valid passport
  • Details of the attorney (PESEL or ID details)
  • Transaction details (land registry number, property description, amount)

Path 2: American Notary + Apostille

• If far from the consulate or urgent
• Step 1: Prepare the document in Polish (preferably with a lawyer in Poland via email)
• Step 2: Sign before an American notary (most banks, UPS Store, pharmacy have one)
• Step 3: Apostille — at the Secretary of State of the state where the notary practices (10-50 USD; 2-4 weeks)
• Step 4: Certified translation into Polish (in Poland, 50-100 PLN/page)
• Total: 100-300 USD + translation
• NOTE: For selling real estate, this is NOT sufficient! A Polish notarial deed is required.

Polish Notarial Deed through the Consulate — What Can Be Done

• Sale/purchase of real estate
• Power of attorney for sale
• Declaration of intent
• Confirmation of inheritance acquisition (certificate of inheritance)
• Notarial will
• Renunciation of inheritance
• Donation

Power of Attorney for ZUS (the simplest)

• Form ZUS-PEL (download from zus.pl)
• Fill out + sign before the consulate (or notarized + apostille)
• The attorney can handle: pension, disability, certificates, everything at ZUS
• Free at the consulate

Power of Attorney for the Tax Office

• Form PPS-1 (specific power of attorney for signing declarations)
• Or UPL-1 (for acting in proceedings)
• Submit at the appropriate tax office

Power of Attorney for Banks in Poland

• Banks in Poland have their own forms
• Often require presence at the branch (FOREIGN ones do NOT work)
• Alternative: consulate certifies the signature, document accepted at the bank in Poland
• Or: leave a general notarial power of attorney — most banks accept it

Power of Attorney for Court (litigation)

• Most often: lawyer or legal advisor in Poland
• Form: regular written with a certified signature
• Consulate or notary + apostille

Attorney — Who Can Be

• An adult person with full legal capacity
• Most often: family member, lawyer, trusted person
• NOTE: the attorney cannot be the other party in the transaction (e.g., cannot buy from you)

Revocation of Power of Attorney

• The power of attorney can be revoked at any time
• Form: like the power of attorney (notarial revocation must be notarized)
• Effective only from the moment the attorney is informed
• Notify parties with whom the attorney might act (notary, bank)

Common Mistakes

• Written form for selling real estate — invalid; only notarial
• Lack of apostille on the American document — rejected in Poland
• Lack of certified translation — rejected
• Too general power of attorney for a complicated transaction — court/notary rejects
• Power of attorney without limitations — the attorney can do anything (including donating to themselves); ALWAYS limit the scope
• Failure to report revocation — the attorney may continue to act in good faith
• Trusting the wrong person — often leads to the sale of a house and the attorney disappearing