Obtaining Power of Attorney

[AFVA]

I was wondering if anyone has any experience getting a POA in Argentina, what I should prepare for? Is it difficult?

In the spring, I'll be moving to Buenos Aires with my elderly father, who has dementia and wishes to spend out his final years in his homeland closer to his extended family. Currently, he is able to handle his own US finances (somewhat). However, the sad reality is that inevitably we will get to a point where I will need to take over. I plan on getting a Power of Attorney here in the US before we leave, but I was wondering what I will need once we get to ARG. I am pretty sure his DNI expired years ago, and will need to be renewed. I'll need to be able get him medical care, and pay his living expenses using his Social Security.

Do I also need a separate Medical POA for his end-of-life medical care? What about living wills or Advance Directives? Do I need to get new ones set up?

I did a search on topic but didn't find anything that applied to my situation. Any advice is appreciated. Thanks.

 

[Bajo_cero2]

I am a lawyer who works with power of attorneys all the time.
To do the PA is not difficult, you just need a traslation of the draft and a Notary that is used to deal with passports, DNI is not required.
The problem is the dementia, if the notary realize about that, then you have to do it at Court. So, perhaps is better to do it there, to apostille it, and to translate it here.
Also bring your birth certificate because you do not need the PA is you evidence the family link. If you have to take any difficult decision, doctors don’t care about the PA, they want direct family to decide.

 

[AFVA]

Thank you. When I bring it to ARG, will it also need to be notarized again by a local ARG authority?

 

[Bajo_cero2]

Thank you. When I bring it to ARG, will it also need to be notarized again by a local ARG authority?

No, you need to apostille (The Hague) there. Later you translate it here.

 

[AFVA]

Yes. That's what I meant. Notarized and apostilled are two different things, no?

To me, a notary is like an escribano, someone who watches you sign an official document and certifies that you are who you say you are. To get something apostilled means that a government agency certifies the documents as authentic and legal and able to be recognized by another country.

But anyway, yes, I understand. I will notarize and apostille in the US before traveling.

 

[MilHojas]

To me, a notary is like an escribano, someone who watches you sign an official document and certifies that you are who you say you are.

Yes

To get something apostilled means that a government agency certifies the documents as authentic and legal and able to be recognized by another country.

No. You have a national verification system (Notarization), and you have an international verification system (Apostille). There must be somebody who bridges these systems together.

If a notary is involved, somebody has to certify that this particular notary does exist and has a valid license. Your state maintains a registry of licensed notaries. The Secretary of State participates in the Apostille system (and in the national system as well), and he verifies that this notary is OK and puts an Apostille on your document. He does not evaluate the content of the document and does not know whether is legal or not, especially in the context of a legal system of a foreign country where it will be presented.

 

[ben]

Another option is to handle the POA at an Argentine consulate in the US, in which case AFAIK an apostille would not be required.
I spoke to the Argentine Consulate in my destination city, regarding whether I could designate an apoderado to fill out the Form 08 to sell my car here. There were a couple of quirks and some cost involved, but it’s doable. Thankfully, I’ve sold it and will not need to resort to this, so I can’t tell you details about how it would’ve worked. But they did indicate it can be done.
If you can get a hold of a escribano who can help you out and send you the standard text used here, and fill it out at the consulate, it will be valid as if done here.
Might be a smoother process than getting it apostilled there and having that apostille accepted here.

 

[AFVA]

If a notary is involved, somebody has to certify that this particular notary does exist and has a valid license. Your state maintains a registry of licensed notaries. The Secretary of State participates in the Apostille system (and in the national system as well), and he verifies that this notary is OK and puts an Apostille on your document. He does not evaluate the content of the document and does not know whether is legal or not, especially in the context of a legal system of a foreign country where it will be presented.

I will check with the Sec of State here in Virginia, thanks.

 

[AFVA]

Another option is to handle the POA at an Argentine consulate in the US, in which case AFAIK an apostille would not be required.
I spoke to the Argentine Consulate in my destination city, regarding whether I could designate an apoderado to fill out the Form 08 to sell my car here. There were a couple of quirks and some cost involved, but it’s doable. Thankfully, I’ve sold it and will not need to resort to this, so I can’t tell you details about how it would’ve worked. But they did indicate it can be done.
If you can get a hold of a escribano who can help you out and send you the standard text used here, and fill it out at the consulate, it will be valid as if done here.
Might be a smoother process than getting it apostilled there and having that apostille accepted here.

That's an interesting option. The DC consulate is not too far away. Maybe I'll email them to ask. Thanks for your help.

 

[MilHojas]

I will check with the Sec of State here in Virginia, thanks.

Secretary of the Commonwealth - Authentications

Kay Coles James, Commonwealth, Secretary of the Commonwealth, Glenn Youngkin, governor, virginia, VA

www.commonwealth.virginia.gov

The purpose of an authentication by our office is to verify to foreign governments that certain Virginia officials are in good standing. Depending on the destination country, the authentication is issued either as a Great Seal or an Apostille.