Power of attorney for repatriating a body: how to draw it up and when you need an apostille

Most families do not travel abroad to collect the body. An agency acts for them at the mortuary, the registry office and the crematorium. To do this lawfully, it often needs a power of attorney from a close relative. Here is when one is needed, what it should say and how to make sure it is accepted abroad the first time.

When you cannot do without one

In many countries the mortuary releases the body only to the person entitled to arrange the funeral, or to someone that person has authorised. Usually this is the husband or wife, children, parents, brothers and sisters. A power of attorney is asked for by:

• the mortuary or hospital, to release the body and personal belongings;
• the death registration office, to issue the death certificate and copies;
• the authority that issues the permit to take the body out of the country;
• the crematorium, if the family chose cremation. How we arrange cremation under a power of attorney is explained on the cremation abroad page.

In some countries a simple handwritten, signed authorisation is enough. In others you need a notarised power of attorney certified for use abroad. We tell you which form your case needs during the first call, so you do nothing unnecessary.

What the power of attorney should say

The notary drafts the text, but check that it gives these powers:

1. To receive the body of the deceased at the mortuary or hospital.
2. To obtain the death certificate, its copies and other documents about the death.
3. To apply for and receive permits to transport the body across borders.
4. If needed, to order cremation and receive the urn with the ashes.
5. To represent you at the Ukrainian consulate.
6. To sign contracts with funeral services and the mortuary.
7. The right to delegate. This matters: the agency often works with a local partner in the country of death, and without this clause the power of attorney has to be redone.

It must also give the deceased's full details exactly as they appear in the international passport, plus the date and place of death. A single wrong letter in the surname is already a problem: see our article surname in the death record differs from the passport.

Apostille on a power of attorney: when it is needed

An apostille is a stamp confirming that the document was issued by a real notary. It is needed when a Ukrainian power of attorney is used in a country with which Ukraine has no legal assistance treaty.

No apostille is needed for Poland, the Czech Republic and other countries with such treaties: documents are accepted with a translation. The list of these countries is in our article on the apostille on a death certificate. The rule works both ways: just as a Polish certificate is valid in Ukraine without an apostille, a Ukrainian power of attorney is valid in Poland.

An apostille is needed for Germany, Italy, Spain, the United Kingdom and other parties to the 1961 Hague Convention that have no separate treaty with Ukraine.

In Ukraine, the Ministry of Justice puts the apostille on notarised documents through its regional offices. This usually takes a few working days, so sign the power of attorney right after your first call with the agency instead of waiting.

Translating the power of attorney

A foreign mortuary will not read Ukrainian, so the power of attorney is translated into the local language. There are two ways:

• A bilingual power of attorney. The notary drafts the text in Ukrainian and the local language side by side. This is fastest if the notary works with a translator.
• A separate translation. A translator translates it and the notary certifies the translator's signature. Whether the apostille or the translation comes first depends on the country, and we will tell you.

If you are abroad yourself

If you live in the same country where your relative died, the simplest way is to sign the power of attorney with a local notary. No apostille is needed then: the document is made in the country where it will be used.

If you are in a third country, for example the person died in Italy and you live in Poland, sign it with a local notary and ask whether that country's apostille is needed. We will tell you which way is faster.

Can you send a scan?

To start work, a photo or scan is often enough for us: we order the documents and prepare the file. But the mortuary or crematorium may ask for the original. How to send the original safely and what can go as a photo is explained in how to send documents to a funeral agency.

Common mistakes

• No right to delegate.
• The deceased's surname spelled differently from the international passport.
• No authority to arrange cremation, although the family is considering it.
• The apostille was put on a copy when it was needed on the original.
• The power of attorney was signed by a relative who, under local law, is not entitled to arrange the funeral, while a closer relative exists.

Our legal support can check the text before you sign.

Need help right now? We advise around the clock. We will tell you which power of attorney your country needs, send a sample text and handle the rest of the documents. Phone +380 73 319 25 35.

Frequently asked questions