Sri Lankan Power of Attorney in Australia: How to Prepare, Sign and Use It in Sri Lanka

By Miyuru Asiri Dissanayake
Principal Solicitor, AustraLanka Lawyers
Australian Legal Practitioner and Sri Lankan Attorney-at-Law

If you live in Australia but need someone to act for you in Sri Lanka, a Power of Attorney can give another person authority to act on your behalf for specified purposes.

This commonly arises where a person living in Australia needs someone in Sri Lanka to deal with property, land, banking, inheritance, court proceedings, business or administrative matters.

A Sri Lankan Power of Attorney can be prepared and executed while you are in Australia. However, the correct process can depend on the purpose of the document, your citizenship, how the Power of Attorney will be used in Sri Lanka and the requirements of the particular authority or institution receiving it.

For that reason, it is important to determine the correct process before you sign the document.

This guide forms part of our information about Sri Lankan legal services from Australia.

Can I make a Sri Lankan Power of Attorney while living in Australia?

Yes.

Sri Lankan law recognises Powers of Attorney executed outside Sri Lanka.

The legislation provides for overseas execution before specified Sri Lankan diplomatic or consular officers, or before a person authorised to attest a Power of Attorney according to the law of the country where the document is executed.

For somebody living in Australia, however, the practical requirements can vary depending on the transaction.

Before signing, it is sensible to confirm with the Sri Lankan legal practitioner dealing with the underlying matter, or with the relevant receiving authority in Sri Lanka, what execution and attestation process will be accepted for that particular Power of Attorney.

The important question is therefore not simply:

“Can I sign it in Australia?”

You should also consider:

what authority the attorney needs;
what the POA will be used for;
whether the wording is suitable for that particular Sri Lankan transaction;
what identification or property documents are required;
how the document should be executed in Australia; and
what needs to happen after the document reaches Sri Lanka.

What is a Power of Attorney?

A Power of Attorney is a legal document by which one person gives another person authority to act on their behalf.

The person giving the authority is generally referred to as the grantor or principal, while the person appointed to act is generally referred to as the attorney.

The powers granted should reflect what the attorney actually needs to do.

A broad Power of Attorney should not automatically be used merely because it appears convenient. The document should be prepared with the particular transaction and the risks involved in mind.

What can a Sri Lankan Power of Attorney be used for?

Depending on the wording of the document and the requirements applying to the particular matter, a Power of Attorney may be used for purposes such as:

selling or dealing with land or a house in Sri Lanka;
purchasing or dealing with an apartment or condominium;
signing documents relating to a transaction;
dealing with bank matters;
inheritance or estate-related matters;
dealing with certain legal or court processes;
business or company matters;
lodging or collecting documents;
dealing with government offices; or
carrying out another specifically authorised transaction.

The Power of Attorney should be drafted for its actual purpose.

A generic document may not include the property details, identity information, powers or other wording required for the particular transaction in Sri Lanka.

Who should prepare the Power of Attorney?

In many matters, the Sri Lankan legal practitioner dealing with the underlying transaction prepares the Power of Attorney and sends it to the person in Australia for execution.

In other matters, the document may be reviewed or prepared from Australia in consultation with the Sri Lankan practitioner or receiving authority.

Before signing, check that the document correctly identifies:

you as the grantor;
the person you intend to appoint;
the relevant identification information;
the particular powers being granted;
the property or transaction, where applicable;
any restrictions on the attorney’s authority; and
the actual purpose for which the POA will be used.

Where a Sri Lankan lawyer, land registry, bank, court, government office or another institution is going to rely on the document, the execution requirements should be confirmed before signing.

Who should I sign the Power of Attorney before in Australia?

There is no single answer that should be assumed for every Sri Lankan Power of Attorney.

Sri Lankan law recognises overseas execution before specified Sri Lankan diplomatic or consular officers. It also recognises execution before a person authorised to attest a Power of Attorney under the law of the country where it is executed.

The appropriate method in Australia may therefore depend on:

your citizenship;
the purpose of the Power of Attorney;
the type of transaction;
the requirements of the Sri Lankan practitioner handling the matter;
registration requirements; and
the requirements of the bank, land registry, court or other authority that will ultimately rely on the document.

Before signing, ask the Sri Lankan legal practitioner handling the matter to confirm what form of execution or attestation is required in Australia for that particular document.

AustraLanka Lawyers can also review the proposed Power of Attorney and the instructions from Sri Lanka before you sign.

Do I need two witnesses for a Sri Lankan Power of Attorney signed in Australia?

This is a common source of confusion.

The Powers of Attorney (Amendment) Act, No. 3 of 2024 changed the wording relating to Powers of Attorney executed outside Sri Lanka.

The amendment removed the previous reference requiring overseas execution before two witnesses.

Accordingly, the current statutory wording does not ordinarily impose the former additional two-witness requirement for an overseas Power of Attorney.

However, this does not mean that every Power of Attorney can simply be signed without considering the circumstances.

The document still needs to be executed in a legally appropriate manner and satisfy the requirements applying to its intended use.

It is therefore sensible to confirm the practical requirements with the Sri Lankan legal practitioner or relevant receiving authority before signing.

Read the detailed explanation: Does a Sri Lankan Power of Attorney Signed in Australia Need Two Witnesses?

Do I have to go to the Sri Lankan High Commission or Consulate?

Not necessarily in every matter.

Current Sri Lankan consular information provides processes under which eligible persons can execute certain documents before a Sri Lankan consular officer.

The appropriate office depends upon where you live in Australia.

Current High Commission information indicates that:

Victoria, South Australia and Tasmania are serviced by the Sri Lankan Consulate General in Melbourne.

New South Wales, Queensland, Western Australia, Northern Territory and the Australian Capital Territory are serviced through the Sri Lanka High Commission in Canberra.

However, you should not assume that the consular pathway is the only available or required pathway for every Power of Attorney.

The appropriate execution method should be confirmed for your document before you sign.

What if I am an Australian citizen?

Citizenship can affect the process.

Current Sri Lankan mission instructions distinguish between Sri Lankan citizens or dual citizens and non-Sri Lankan nationals.

Accordingly, an Australian citizen should not assume that the process applying to a Sri Lankan citizen automatically applies to them.

If a Sri Lankan lawyer has prepared the POA, ask that practitioner to confirm the required signing and attestation method in Australia.

Where necessary, the relevant Sri Lankan mission or the institution receiving the document should also be consulted.

What if I am a Sri Lankan dual citizen?

Dual citizens may have access to processes provided for Sri Lankan citizens and dual citizens by the relevant Sri Lankan mission.

However, you should still confirm the process before signing because the underlying transaction and the intended use of the document may affect what is required.

Take the proposed Power of Attorney and your identification documents into account before arranging execution.

Do I need additional authentication after signing?

Possibly, but not in every matter.

Additional authentication, certification or consular processing can depend upon:

how the document has been executed;
the grantor’s citizenship;
the nature of the transaction;
the Sri Lankan practitioner dealing with the matter; and
the requirements of the authority that will use the document.

Rather than assuming that every overseas POA requires the same additional procedure, confirm the requirements for the particular document before execution.

Can an Australian legal practitioner assist with the process?

Yes.

An Australian legal practitioner may assist with matters such as:

reviewing the document received from Sri Lanka;
checking identity information and obvious inconsistencies;
understanding what the POA is intended to achieve;
reviewing the instructions supplied by the Sri Lankan practitioner;
helping to identify what execution requirements need to be confirmed;
communicating with the Sri Lankan practitioner where appropriate; and
helping organise the Australian-side process.

Whether a particular execution or attestation method will ultimately be accepted in Sri Lanka depends on the requirements applying to that Power of Attorney and its intended use.

For that reason, the Australian and Sri Lankan sides of the transaction should be coordinated before the document is signed.

Are there special requirements where the POA concerns land in Sri Lanka?

Potentially, yes.

Sri Lankan legislation contains specific requirements for Powers of Attorney used for certain transactions falling within the Prevention of Frauds Ordinance.

Where a relevant Power of Attorney is executed outside Sri Lanka and concerns land or a condominium property, it may need to include detailed property information.

Depending upon the circumstances, this can include:

a description of the land;
boundaries and extent;
information identifying a condominium parcel;
the relevant registration volume and folio where applicable; and
specified identity-document material relating to the grantor and attorney.

These issues should be dealt with when the Power of Attorney is drafted.

Trying to correct the document after it has already been executed in Australia may cause unnecessary delay.

People considering an apartment transaction may also read our guide to buying an apartment in Sri Lanka from Australia.

What documents should I have ready?

The exact documents depend on the matter, but you may need to provide:

the unsigned Power of Attorney;
your current passport;
Sri Lankan National Identity Card, if applicable;
dual-citizenship documents, where relevant;
the appointed attorney’s correct name and identification details;
relevant deeds or property documents;
land-registration information;
instructions from the Sri Lankan lawyer or practitioner;
bank or institutional requirements; and
other documents supporting the information contained in the Power of Attorney.

The important point is that the document should be checked against the actual transaction before execution.

Should I sign the Power of Attorney before sending it for review?

Generally, it is better not to sign first and ask questions afterwards.

Send the unsigned document to the legal practitioner reviewing the matter.

The practitioner can then consider:

what the document is intended to achieve;
whether the information appears complete;
whether additional information is required;
what the Sri Lankan practitioner has requested; and
what signing or execution procedure needs to be followed.

Once those matters are clear, the document can be signed using the appropriate process.

Does a Power of Attorney signed in Australia need to be registered in Sri Lanka?

Yes, registration is an important part of the process.

The Powers of Attorney (Amendment) Act, No. 28 of 2022 provides for Powers of Attorney executed in Sri Lanka or another country to be registered with the Registrar-General.

For a Power of Attorney executed outside Sri Lanka, the legislation provides for submission for registration within three months from the date of execution.

The appointed attorney or the Sri Lankan legal practitioner handling the underlying transaction should therefore be informed promptly after execution.

Do not assume that signing the Power of Attorney in Australia completes the entire process.

How long is a Sri Lankan Power of Attorney valid?

Under the 2022 amendments, a Power of Attorney other than one executed by a State institution is generally valid for five years from the date of execution, unless the document specifies another period or it is earlier revoked or cancelled in accordance with the law.

The intended duration should therefore be considered when the document is prepared.

Can a Sri Lankan Power of Attorney be cancelled later?

Sri Lankan law contains procedures for revocation and cancellation of a registered Power of Attorney.

If circumstances change and you no longer want the attorney to act, obtain advice about formally cancelling the authority.

Simply telling the attorney that you no longer want them to act may not address all registration and third-party issues.

What should I do before signing a Sri Lankan Power of Attorney in Australia?

A sensible approach is:

Identify exactly what needs to be done in Sri Lanka.
Identify the person you propose to appoint.
Have the POA prepared for the actual transaction.
Obtain the Sri Lankan legal practitioner’s instructions about how it should be executed in Australia.
Check whether the receiving bank, land registry, court or other authority has additional requirements.
Gather the necessary identification and transaction documents.
Do not sign until the required execution method is clear.
Complete the required signing process.
Send the document to Sri Lanka promptly.
Ensure that the Sri Lankan registration requirements are attended to within the applicable period.

This can avoid the inconvenience of having to prepare and execute the document again.

How AustraLanka Lawyers can assist

AustraLanka Lawyers assists clients in Australia with Sri Lankan Powers of Attorney and Australia–Sri Lanka cross-border legal matters.

Assistance may include:

reviewing a Power of Attorney prepared by a Sri Lankan legal practitioner;
reviewing identity and transaction information;
identifying matters that should be clarified before signing;
communicating with the Sri Lankan practitioner about the execution requirements;
assisting clients to organise the Australian-side signing process; and
coordinating with appropriately qualified Sri Lankan legal practitioners where Sri Lankan legal work is required.

AustraLanka Lawyers is led by Miyuru Asiri Dissanayake, an Australian legal practitioner and Sri Lankan Attorney-at-Law.

If you are living in Australia and need a Power of Attorney for use in Sri Lanka, contact AustraLanka Lawyers before signing the document.

You can send us the proposed Power of Attorney and any instructions you have received from your Sri Lankan lawyer or other professional.

We can review the document, identify the issues that should be clarified and assist you with the next steps.

Call 0423 469 407 or WhatsApp AustraLanka Lawyers
Email: miyuru@australankalawyers.com.au

Contact or enquire with AustraLanka Lawyers

Frequently asked questions

Can I make a Sri Lankan Power of Attorney while living in Australia?

Yes. Sri Lankan law recognises Powers of Attorney executed outside Sri Lanka. However, the required execution process should be confirmed for the particular document and transaction before signing.

Who should I sign the Sri Lankan Power of Attorney before in Australia?

The appropriate method depends on the circumstances. Sri Lankan law recognises overseas execution through specified diplomatic or consular officers as well as persons authorised to attest Powers of Attorney under the law of the country of execution. Ask the Sri Lankan legal practitioner handling the underlying matter to confirm what execution method is required for your particular POA.

Does a Sri Lankan Power of Attorney signed in Australia need two witnesses?

The Powers of Attorney (Amendment) Act, No. 3 of 2024 removed the former wording requiring two witnesses for a Power of Attorney executed outside Sri Lanka. The document must nevertheless be executed appropriately for its intended use. Read the detailed guide about the two-witness requirement.

Do I have to travel to Sri Lanka to sign the Power of Attorney?

Generally, no. Sri Lankan law recognises Powers of Attorney executed outside Sri Lanka. The appropriate Australian execution process should be identified before signing.

Does a Sri Lankan Power of Attorney need to be registered?

Yes. A Power of Attorney executed outside Sri Lanka is generally required to be submitted for registration with the Registrar-General within three months from execution.

Can the Power of Attorney be used to sell property in Sri Lanka?

Potentially, provided it has been properly drafted and executed and gives the attorney the necessary powers. Additional statutory requirements may apply to Powers of Attorney concerning land or condominium transactions.

What if a Sri Lankan lawyer has already prepared my POA?

Send the unsigned document together with the Sri Lankan lawyer’s instructions for review before signing. AustraLanka Lawyers can review the document and assist with coordinating the required Australian-side process.

How long is a Sri Lankan Power of Attorney valid?

The legislation provides a general five-year period unless the document specifies another period or the Power of Attorney is earlier revoked or cancelled.

Official sources

This article provides general information only. It is not legal advice and does not create a solicitor-client relationship. Requirements can depend on the document, transaction, citizenship of the grantor and the receiving authority. Obtain advice about your circumstances before signing or relying on a Power of Attorney.