How can you sign property documents when you are overseas?

What a power of attorney does

A power of attorney is a document in which one person, the donor, authorises another, the donee or attorney, to act on their behalf. Its most common use is for buying, selling and leasing property when the owner is overseas or cannot attend in person. There is a standard type used for HDB flats, limited to the purchase, sale or lease of a particular flat, and POAs can also be made for private property.

The attorney does not need to be a lawyer. Where two people own a property together and only one can attend, the owner who is away can give the power to the other owner, so there is no need to find a third person.

Signing and filing

A POA for a property transaction is prepared for that specific transaction. It names the property and sets out exactly what the attorney may do, such as signing the sale documents or dealing with CPF refunds. Only the person giving the power signs it. In Singapore, it is signed in front of a lawyer, who then files it with the High Court. It can only be used once it has been filed.

One firm estimates that a straightforward POA takes around three to four working days in total, most of which is the court's processing time. Arranging one in the week of completion is therefore risky.

If you are already overseas

You do not need to fly back. A Singapore law firm can draft the POA, and you sign it abroad before a notary public in the country where you are, or before an official at a Singapore embassy or high commission. You then send the original back to your lawyer in Singapore, who arranges the filing. Because the document has to travel, start as early as you can, and ideally sign before you leave Singapore if you know you will need one.

One firm notes that where CPF savings are used to buy an HDB flat, the CPF Board will not accept a POA witnessed by a foreign notary public, and it must instead be signed before an official at a Singapore overseas mission. Check this point with your lawyer before you sign.

HDB flats: points to note

An HDB POA must identify the flat by its address, so it cannot be prepared before a flat has been selected. If you only need someone to select a flat for you, HDB has a separate authorisation for that. When the POA is used, HDB will need the original or certified copies, and the use of a POA must be shown on the relevant application.

A POA cannot be used for everything. The person you appoint cannot, for example, sign the HDB application form for you, sign statutory declarations, make or revoke your CPF nomination, or make a will for you.

A POA is not a Lasting Power of Attorney

An ordinary POA only works while you have mental capacity. A Lasting Power of Attorney is a different document, which takes effect if you lose capacity. If your concern is what happens should you become unable to make decisions in future, you need the latter.

When to speak to a lawyer

Speak to a lawyer as soon as you know you may be away for any part of a purchase or sale, including the option, the signing of documents and completion. Choose an attorney you trust fully, since they will be signing major documents in your name.