Samoa is a common law jurisdiction working in English, so a power of attorney drafted by a lawyer in Apia will look familiar and needs no translation. The mission in New York can perform the consular step, which many Pacific states cannot.
Quick facts
Land is where care is essential. Customary land in Samoa cannot be sold, and it is held by the extended family under the authority of its matai. A power of attorney over "the family land" therefore operates within that structure, not around it.
Fees breakdown
| Item | Cost | Notes |
|---|---|---|
| Consular act | Consular tariff | At the mission |
| U.S. notarisation | $5–$25 per signature | First step |
| Certification chain | $3–$25 plus fees | Depending on the route |
| Lawyer’s fees in Samoa | Agreed with the firm | Drafting and completion |
| Courier | Carrier’s charge | Slow across the Pacific |
Freehold and leasehold land also exist, in a minority of cases, and behave quite differently. Establish which category is involved before drafting anything.
How to apply
- Instruct a lawyer in Apia to draft the instrument.
- Establish whether the land is customary, freehold or leasehold.
- Collect the identity details of everyone named.
- Ask the mission about the consular step and its fee.
- Execute the document as instructed and send it tracked.
- Register it in Samoa where the transaction requires it.
Required documents
- Samoan passport or identity document.
- The draft prepared in Samoa.
- Full details of the person receiving the authority.
- Land or case references as they appear in the records.
- Evidence of relationship for family matters.
- Payment in the accepted form.
Where to apply
At the Permanent Mission in New York, which performs consular acts for Samoans in the United States and Canada.
Additional notes
Customary land cannot be sold
Any plan that assumes otherwise needs rethinking with a lawyer in Apia.
Matai authority
Family land decisions run through the title holder and the family, not an individual acting alone.
Be specific
Name the asset and the acts authorised as precisely as the records allow.
Revocation
Revoking requires a further instrument through the same route, with notice to whoever holds the original.