Other Legal Matters in Guyana

Beyond our core practice areas, Canary Law provides guidance on various other legal matters that Guyanese citizens commonly encounter. Here, we explain some of these important legal concepts and processes.

Affidavits

An affidavit is a written statement confirmed by oath or affirmation for use as evidence in court. In Guyana:

• Affidavits must be signed in the presence of a Commissioner of Oaths, a Justice of the Peace, or a Notary Public
• They are commonly used in court proceedings, property transactions, and various administrative processes
• Making false statements in an affidavit constitutes perjury, which carries serious penalties
• Affidavits typically include the deponent's (person making the statement) personal information, a clear statement of facts, and a formal jurat (certification)

Power of Attorney

A Power of Attorney (POA) is a legal document that authorizes someone to act on your behalf in legal and financial matters. In Guyana:

• General Power of Attorney - Grants broad authority to handle various matters
• Special Power of Attorney - Grants authority for specific transactions or time periods
• Durable Power of Attorney - Remains in effect if you become mentally incapacitated

POAs must be properly executed and, in many cases, registered with the Deeds Registry to be legally binding. They can be revoked by the principal (person granting the power) at any time while mentally competent.

Statutory Declarations

Similar to affidavits, statutory declarations are written statements made under oath but are generally used for non-court purposes. They:

• Must be signed before a Commissioner of Oaths, Justice of the Peace, or Notary Public
• Are commonly used for confirming identity, residence, marital status, and other personal information
• May be required for various administrative and governmental procedures
• Carry penalties for making false declarations

Notarization Services

Notarization is the certification of documents by a Notary Public. In Guyana, notarization:

• Verifies the authenticity of documents and signatures
• Is often required for documents that will be used in foreign countries
• May include witnessing signatures, certifying copies, and administering oaths
• Provides legal assurance of a document's legitimacy

Deed Polls

A deed poll is a legal document that binds a single person to a particular action. In Guyana, deed polls are commonly used for:

• Legally changing one's name
• Assuming additional names
• Correcting names on official documents
• Abandoning the use of particular names

The process involves executing the deed poll, having it notarized, and publishing notice in the Official Gazette. For name changes to be fully recognized, updating identification documents is necessary.

Birth, Death, and Marriage Certificates

These vital records are essential legal documents in Guyana:

• Birth Certificates - Must be registered within 42 days of birth at the General Register Office
• Death Certificates - Must be registered within 48 hours of death with a medical certificate
• Marriage Certificates - Issued after legal marriage ceremonies by the Marriage Officer or Registrar

These documents are required for many legal processes, including inheritance, immigration, school enrollment, and government benefits.

Legalization of Foreign Documents

Documents issued in foreign countries may need to be legalized for use in Guyana, which may involve:

• Authentication by the issuing country's authorities
• Verification by the Guyanese embassy or consulate in that country
• In some cases, apostille certification for countries part of the Hague Convention
• Translation into English by a certified translator if in another language