A notarized power of attorney (公证授权委托书) is a written authorisation that allows another person, usually a lawyer, to act on your behalf. For clients living outside mainland China, Chinese courts generally require a power of attorney signed abroad to be notarised in the country where it was signed and then authenticated. Since 7 November 2023, documents from Hague Apostille Convention member states generally need only an apostille instead of consular legalisation. Some courts also accept signing by video before a judge or at a Chinese embassy.
Why it matters
A well-prepared power of attorney lets overseas clients bring or defend a divorce, custody, property or inheritance case in China without travelling for every step. It must list the specific powers granted: in litigation, "special authorisation" is needed for the lawyer to admit claims, settle, withdraw, counterclaim or appeal. There are limits. A registry divorce requires both spouses to attend in person, so it cannot be done through an agent, and a court may still require a party to appear in person, for example to confirm their wish to divorce. For inheritance and property transfers, registries often have their own formal requirements.
How it works in practice
A Chinese-born Canadian citizen living in Vancouver needed to divorce her husband in Guangzhou. She signed a bilingual power of attorney with special authorisation in front of a Canadian notary, obtained an apostille, and couriered it to our office along with her passport copy. We filed the case; she attended the mediation session by video, and the court granted the divorce without her travelling to China.
Common mistakes
- Using a general power of attorney without listing the special litigation powers
- Signing before a notary but forgetting the apostille or legalisation step
- Assuming an agent can attend a registry divorce in your place
- Letting the document expire or using one that names the wrong court or case
- Not providing a certified Chinese translation