Things to Consider When Giving Power of Attorney
Giving a Power of Attorney
Turkey is a part of "The Hague Apostille Convention". If you live in one of the countries that have the convention, you may go to any local notary to give a power of attorney. Your real estate agent may provide you a POA template that includes only the required powers. After issuing the POA, you need to apostille it at the competent authorities such as the district governorate, municipality, etc. You should note that some POA documents are only valid with photos in Turkey, and so you ask your local notary to attach your photograph to your POA as demanded.
We advise our clients to give power of attorney in Turkey to us in order to facilitate the procedure; military checks, the release of title deeds from the title deeds office, and registration of the title deed at the notary office. The giving "Power of Attorney" process takes about two hours and needs to be witnessed at the notary office in Turkey. Our consultants will provide the necessary assistance.
Advantages of Power of Attorney
In order to apply for Tapu or conveyancing, you must need to know Turkish or you just need to have a sworn translator with you.
Estate Agent gives Tapu process service free. To use this facility, you have to empower them with this document. They can not act on behalf of you without this document at the official registry offices.
Remind These Facts When Giving Power of Attorney
• Give "Power of Attorney" to professional estate agents or solicitors. If they do not know what they are doing, it is not advised to give this valuable document.
• Give only needed powers. For example, when you purchase a property, give just "Buying Property" power. If needed give also "water and electricity connection" power.
• It is NOT advised to give General Power of Attorney. General one might contain debt accepting or selling your property. This can be used against you in bad hands.
• There is a sworn translator at the Notary Public. This interpreter has officially promised to the Notary to translates just the truth. You can not bring your own translator.
• Power of Attorney (POA) is a legal document that gives a person the authority to represent or act on another person’s behalf in legal issues. When you issue a power of attorney to someone, it means within the law that “You may act on behalf of me for these powers”.
Q: What is a power of attorney (POA)?
A: A power of attorney (POA) is a legal document that gives a person (proxy) the power to act on behalf of another person (attorney) under notarial witness. The proxy has the authority to sign legal documents on behalf of the attorney for decisions that are related to his/her attorney’s property, finances, or medical care.
Q: What are the required documents to give a power of attorney?
A: Your original passport and its translation, tax number, and two passport photos (only for some transactions).
Q: How can I give a power of attorney in Turkey?
A: The officers prepare the POA for you at a notary office after receiving the required documents. A certified interpreter of the notary office translates the POA documents. After signing the documents, you pay the expenses and then get your receipts.
Q: Why do I need an interpreter to give a power of attorney in Turkey?
A: You must have a certified interpreter to explain the terms in the documents before the signatures since the papers are prepared only in the Turkish language.
Q: What is the cost of giving a power of attorney?
A: The officers calculate the cost after the POA document is ready since the notary office has certain prices according to the number of characters. So, the cost depends on what is written on the POA document.
Q: Do I have to be in Turkey if I want to give a power of attorney?
A: No. There are two ways of giving a power of attorney abroad which are;
• After making an appointment, you may go to the Turkish Consulate in your country to issue a power of attorney, and then you post it to your proxy in Turkey.
• If you live in one of the countries that have an apostille agreement with Turkey, you go to a notary office in your country to issue a power of attorney. Then, you take it to a component authority (district governorate, municipality, etc.) to make an apostille. After you post the documents to Turkey, they are sent to a notary office in Turkey for notarized translations. You should note that some POA’s are valid only with photos, and so you should ask your local notary to add your picture to this POA as demanded.
Q: Whom may I give a power of attorney to in Turkey?
A: You may give a power of attorney to any person, but the proxy should be over the age of 18.
Q: May the children under the age of 18 give a power of attorney in Turkey?
A: Children under the age of 18 can give a power of attorney only with the signed consent of their parents.
Q: Is it necessary to have a photo for power of attorney?
A: Yes. It is necessary for the POA that has selling power, but it is not compulsory for other types of power of attorneys.
Q: May I give a power of attorney to someone to withdraw money from my bank account?
A: Yes, you may do your bank transactions with a power of attorney.
Q: A tax number is necessary to give a power of attorney. How does this work if I give a power of attorney when I am not in Turkey?
A: The passport number is used as a tax number when you give a power of attorney from abroad. In such cases, you should add the power to get a tax number to the power of attorney. In this way, your proxy can get your tax number on your behalf.
Q: How many people can give a power of attorney to one person?
A: There is no limit to the number of people that can give a power of attorney to the same person.
Q: What kind of transactions and services can I do with a power of attorney?
A: Power of attorney gives a proxy the authority to do financial transactions, sign legal documents, or make health care decisions, but there are some exceptions which are;
• Your proxy must be a lawyer if you want your documents to be delivered to or received from the courts.
• Your proxy must be a lawyer if you make a transaction in the immigration office.