The role of foreign powers of attorney in contemporary legal and economic transactions is constantly
growing. This is due to the widespread labour migration and, paradoxically, in the last year,
also with difficulties in cross-border movement during the COVID-19 pandemic. In judiciary and
notarial practice, the assessment of foreign documents, including powers of attorney, is a threestage
process. Firstly, the court should pay attention to the probative value of a foreign document.
In principle, it is equal to the probative value of a national document (Article 1138 of the Code of
Civil Procedure). Only certain categories of documents require consular legalization. It is used when
there is no bilateral agreement eliminating or reducing this requirement with the country where the
document has been issued. In the case of many countries, legalization was replaced by the apostille
clause provided for in the 1965 Hague Convention. Secondly, the court should analyse the formal
effectiveness of the legal act, taking into account the principles derived from Article 25 of the 2011
Private International Law Act and, in some cases, bilateral agreements. Last but not least, thirdly,
the court should examine the material effectiveness of the act. The governing law of the power of
attorney may, pursuant to Article 23 of the Private International Law Act, be subject to the choice
of law rule. This text is a guide for courts on how to deal with foreign powers of attorney in land and
mortgage registry proceedings.