What is a Power of Attorney?

What is a Power of Attorney?

A power of attorney is the written authority that a person grants to another person to carry out their legal or business transactions. In legal language, a power of attorney is an official document by which one person authorizes another person to act on his behalf in a particular matter. This document is usually issued in the presence of a notary public and has limited validity only because it is authorized in a particular matter. The Power of Attorney establishes trust between the parties while at the same time ensuring the proper functioning of legal processes.

A power of attorney is an arrangement in which a person authorizes another person to carry out transactions on his or her behalf, and this authority is valid only within the limits specified in the text of the power of attorney. Therefore, the person to whom the power of attorney is granted (the person receiving the power of attorney) may only act within the framework of the powers granted to him and the transactions exceeding these powers shall be invalid. The power of attorney may only be issued in writing and certain conditions must be complied with in order to be valid by law.

Legal Basis of the Power of Attorney

The legal basis of the power of attorney is regulated in the Turkish Civil Code (TMK). In Article 502 of the Turkish Civil Code, it is clearly stated that the authorization to act on behalf of a person through a power of attorney. A power of attorney is a legal instrument that allows one person to represent another and requires the consent of both parties in order for the power of representation to be exercised correctly.

The validity of the power of attorney depends on factors such as the place and date of issuance and the approval of the competent authorities. When issuing the power of attorney, what transactions the attorney has the authority to perform and the limits of these powers should be clearly stated in the content of the document. This is important to avoid possible legal disputes.

Types of Power of Attorney

Power of attorneys are generally classified into two main groups: general power of attorney and special power of attorney.

1. General Power of Attorney: The general power of attorney allows the attorney to act with broad authority. Such power of attorney enables the person to authorize his agent to represent him in any matter, even in relation to transactions not previously contemplated. However, when issuing a general power of attorney, the person giving the power of attorney should be careful, because the powers of attorney are quite wide.
2. Special Power of Attorney: A special power of attorney is a power of attorney granted for a specific transaction or group of transactions. For example, a person can only give a power of attorney to another person to carry out title deed transactions. In such power of attorney, the transactions that the attorney can perform are clearly defined. The special power of attorney is limited to the specified transactions only and will not be legally valid if the attorney goes beyond these limits.

Issuance of Power of Attorney

A power of attorney is a document that must be issued in the presence of a notary public. The notary is the competent authority that ensures the validity of the power of attorney and approves the content of the document. The notary is obliged to verify the identity of the parties in the preparation of the document and to check whether the will of the principal is freely and accurately declared. In addition, the notary public records the power of attorney and keeps it so that it can be presented to the relevant parties when necessary.

The most important issue to be considered in the issuance of the power of attorney is the clear definition of the powers to be given by the attorney. The absence of uncertainties in the content of the power of attorney protects the rights and interests of the principal. In addition, it is of great importance that the person issuing the power of attorney has confidence in whether his proxy will use these powers correctly.

Power of Attorney and International Validity

The power of attorney may apply not only to national legal proceedings but also to international transactions. In particular, people who have to go abroad can transfer the transactions they need to do abroad to another person through a power of attorney. In this case, some additional procedures may be required for the international validity of the power of attorney. For example, some countries may not accept power of attorneys issued according to their legal systems. In such cases, the power of attorney may be required to obtain "apostille" or to be attested by Turkish consulates abroad.

Cancellation and Expiration of the Power of Attorney

The power of attorney may be revoked at any time by the will of the principal. The principal may revoke his power of attorney at any time. For the revocation of the power of attorney, a written notification made through a notary public is sufficient. In addition, the expiration of the power of attorney may occur automatically after the completion of a certain transaction or after a certain period of time. These cases are also important for the validity of the power of attorney and it should be confirmed that it is valid within the specified periods for the protection of the rights of both parties.

Conclusion

A power of attorney is an important document that allows a person to transfer the authority to take legal action to someone else.However, the legal validity of the power of attorney depends on factors such as the way it is issued, its content and notarization. Transactions through a power of attorney can lead to serious legal problems if they are not properly regulated. Therefore, it is of great importance to receive legal advice when issuing a power of attorney and to be careful when preparing the document in order to protect the rights of the parties.

The power of attorney, when used correctly, should be prepared carefully and meticulously, as it can lead to legal problems when misused, while offering a practical solution to people.