Register POA with the Deeds Registry

Hello, good morning

Based on the information you've provided, for the Canadian Power of Attorney (POA) to be legally effective in Guyana, it must be registered with the Deeds Registry. A POA that has only been witnessed in Ontario will likely not be sufficient for registration in Guyana, as notarization is a key requirement.​

To sell your mother's land, you will need to have your authority under the Canadian POA legally recognized in Guyana. This will then allow you to appoint a sub-attorney to handle the sale.

Registration Requirements
In Guyana, all POAs related to property transactions must be registered with the Deeds Registry to be valid. The registration process has specific requirements, particularly for documents executed outside of Guyana:​

Notarization The POA document must be signed before a Notary Public or a Consular Officer at a Guyanese Consulate or Embassy.​

Witnesses Typically, two witnesses are required to be present during the signing.​

Identification Both the person granting the POA (the donor) and the person receiving the authority (the donee) must provide proper identification, copies of which may need to be attached to the POA.​

Affidavit of Witness For POAs executed outside of Guyana, an affidavit from a witness confirming they saw the donor sign before the notary may be required.​

Physical Documents The original, notarized documents must be sent to Guyana for registration; scanned or emailed copies are not accepted.​

The Canadian POA
Since your Canadian POA was witnessed but not notarized, it does not meet the Guyanese legal requirements for registration. You will need to have this document properly authenticated for it to be legally binding in Guyana.​

Steps to Take
Contact the Guyana Consulate in Toronto Your first step should be to contact the Guyana Consulate in Toronto. Explain the situation regarding your mother's health and the existing POA. They can provide guidance on whether the current document can be authenticated or if a new one must be executed.​

Authenticate the POA If possible, the consulate will guide you on how to have the Canadian POA notarized or "legalized" in a manner acceptable to the Guyanese authorities. This may involve signing the document again in the presence of a Consular Officer.​

Register with the Deeds Registry Once the POA is properly notarized, the original document must be sent to Guyana to be registered at the Deeds Registry.​

Appoint a Sub-Attorney After your Canadian POA is successfully registered in Guyana, you will have the legal authority to act. You can then execute a new, separate POA in Guyana to appoint a sub-attorney who will sign the sales documents on your behalf. This new POA will also need to be registered with the Deeds Registry.​

The Power of Attorney (Amendment) Act of 2022 was introduced to add a layer of protection against property fraud, which is why these requirements are strictly enforced.​