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What is The Power of Attorney?

| Created : 2023-07-20
| Updated : 2024-03-06
Created : 2023-07-20
Updated : 2024-03-06

A power of attorney is an official document in which a person, known as the principal, authorizes another person or persons, known as the agent, to carry out certain legal tasks on his or her behalf. Lawyers in Turkey are often granted powers of attorney to represent both local and international citizens in a variety of legal matters.

Things to know about the POA:

  • A power of attorney can be granted for a limited or unlimited period.
  • A power of attorney can be revoked by the principal at any time.
  • A power of attorney is not valid if it is not properly executed.

What Are the Types of Powers of Attorney Recognized by the Turkish Civil Code?

The Turkish Civil Code recognizes two types of powers of attorney:

  • General power of attorney: This type of power of attorney gives the agent broad authority to act on behalf of the principal. The agent has the same powers as the principal, including the ability to buy and sell property, open bank accounts, and enter into contracts.
  • Special power of attorney: Under this type of power of attorney, the agent has limited authority to act on behalf of the principal. The agent is only authorized to do the things specified in the power of attorney.

What is the Reason to Grant a Powers of Attorney in Turkey?

In Turkey, powers of attorney are provided for a variety of purposes, including:

  • Purchasing Real Estate: Foreign investors who want to buy real estate in Turkey can give a power of attorney to a Turkish lawyer to handle all the paperwork and negotiations on their behalf.
  • Company formation: In Turkey, a power of attorney can be used to incorporate a company.
  • Legal Representation: A power of attorney can be used to authorize someone to represent you in court.
  • Financial transactions: You can use a power of attorney to manage your financial affairs, such as opening bank accounts, making investments, and making payments.
  • Medical care: A power of attorney can be used to give someone the authority to make medical decisions on your behalf if you are unable to do so yourself.

How to Grant a Power of Attorney in Turkey and Abroad?

To issue a power of attorney in Turkey, you must follow these steps:

  1. Go to a notary public in Turkey: Public notaries are government officials who are authorized to witness the signing of documents and certify them. You can find a list of notaries in Turkey on the website of the Turkish Ministry of Justice.
  2. Bring your identity card or passport: Bring your ID or passport. You will need to show your ID or passport to the notary to prove your identity.
  3. Give the name and contact information of the person you want to appoint as your agent: you must provide the notary public with the name, contact information, and ID or passport number of the person you wish to appoint as your agent.
  4. State the powers you wish to give your agent, the powers you can give to your agent are limited by the Turkish Civil Code. Some of the powers you can give to your agent include:
  5. The power to sell, rent, or buy property in Istanbul on your behalf.
  6. The power to open bank accounts and make financial transactions on your behalf.
  7. The authority to represent you in court.
  8. The power to make medical decisions on your behalf 
  9. Sign the power of attorney. You must sign the power of attorney document in the presence of the notary public. The notary will also sign and stamp the document.

If you are not a Turkish citizen, you will also need to have the power of attorney translated into Turkish and apostilled. An apostille is an international certification that guarantees the authenticity of a document. You can obtain an apostille from the Turkish Ministry of Foreign Affairs.

Once you have signed the power of attorney, it is valid and your agent can act on your behalf.

Can I Revoke a Power of Attorney in Turkey?

Yes, you can revoke the POA given to any entity. 
All you have to do is follow the below steps: 

  • Go to a public notary in Turkey.
  • Bring your ID or passport.
  • Provide the date the power of attorney was granted.
  • Sign the revocation document.

To get more information about the Power of Attorney related to buying a cheap apartment or a luxury villa in Turkey, contact our real estate consultants via our form