Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Power of Attorney (POA) is a legal document that allows one person to authorize lawyer to act on their behalf. It is called vekaletname or shortly vekalet in Turkish language. If you want any lawyer act on your behalf you need to give PoA.
In Turkey, a POA can be general or specific, granting broad or limited powers to the lawyer. All the issues that the person wishes to give power of attorney must be added to the power of attorney document one by one.
The lawyer holding the power of attorney is authorized to act on behalf of the person designating a proxy in official institutions. Power of attorney is especially important in legal proceedings or when you need to make important decisions.
A Power of Attorney (POA) is an essential legal tool that ensures your affairs are managed according to your wishes, even if you are unable to do so yourself. When you find a lawyer who understands what you need and can represent you accurately, your work will be much easier. Especially for people with a busy work schedule or people who do not have much free time, doing business through a lawyer will be both safe and in accordance with all legal rules.
If you are involved in a legal matter but cannot be present, your lawyer can represent you.
Authorize your lawyer to buy, sell or manage property in Turkey.
Allow your lawyer to handle business affairs, sign contracts, and manage transactions.
For health, financial, or administrative tasks when you are unavailable or incapacitated.
A POA for legal representation empowers your agent to act as your legal proxy in a variety of situations. This includes signing legal documents, representing you in court, and making legal decisions in your stead. Whether you are unavailable due to travel, illness, or other commitments, having a trusted agent to handle your legal affairs ensures that your rights and interests are protected without delay. This is particularly important in time-sensitive legal matters where immediate action is required.
When it comes to property transactions, a POA can be indispensable. If you are buying or selling real estate but are unable to be present, your agent can manage the entire process on your behalf. This includes negotiating terms, signing contracts, and handling the closing process. A POA ensures that property transactions proceed smoothly and efficiently, even if you are out of town or incapacitated, thus avoiding potential delays or complications.
In the realm of business, a POA can grant your agent the authority to manage your business operations and financial matters. This includes entering into contracts, managing bank accounts, overseeing investments, and ensuring the continuity of business activities in your absence. For business owners and executives, a POA is a vital tool for maintaining operational stability and making sure that important business decisions are made promptly and effectively.
A POA also extends to personal affairs, allowing your agent to manage day-to-day tasks and personal decisions. This can include handling personal finances, managing insurance policies, and even making decisions about your personal care and well-being. By appointing a trusted individual to oversee your personal matters, you can ensure that your preferences and interests are upheld, providing peace of mind for you and your loved ones.
In summary, a Power of Attorney provides a comprehensive solution for managing legal, property, business, and personal affairs. It ensures that a trusted agent can act on your behalf, safeguarding your interests and facilitating smooth operations across various aspects of your life.
A person who wants to give a power of attorney to a lawyer to represent him/her;
1. Can go to a public notary in Turkey with his/her identity card, driver’s license or passport and obtain a power of attorney regarding the subject of the power of attorney. If you don’t speak Turkish you will also need a translator for this action.
2. People who are abroad can go to Turkish Consulates and obtain a power of attorney. Don’t forget to book an appointment and ask for necessary documents.
3. People who are abroad can go to local notaries and give PoA through there and make the document apostilled.
For the first option it is possible to go to local notary in your country as well as Turkish notaries. If you go to notary in Turkey you will need to a translator to tell you which powers you are giving to the lawyer.
If you are not in Turkey and want to give power of attorney the best and easiest choice is to go to consulate and give through there. But If you are not close to any Turkish consulate; it is possible to go to any local notary.
After giving POA from the local notaries you will need to make the document apostilled. And then apostilled document must be translated into the Turkish language by a sworn Turkish translator and notarized again in Turkey after that you can give that document to the lawyer or send the picture of it so that the lawyer can use it.
According to the Law on Attorneys, the authority to act on your behalf in the judicial authorities belongs only to lawyers who have a lawyer’s license. In other words, anyone who does not practice the profession of law, who is not registered in any Bar Association, does not have the right and authority to represent you before the judicial authorities and to be your attorney.
It should be noted that under Turkish law, to pursue a lawsuit by yourself is also possible. For this reason, anyone who has the capacity to sue or the legal representatives of those who do not have the capacity to sue can file and follow the lawsuit themselves. However, this is not as easy as doing research on the internet. In addition to the existing rules of law, it is necessary to know procedural law and rules.
Lawyers gain experience in certain branches of law after working for many years after a 4-year university education. Therefore, it would be good for you to follow your cases with a lawyer as much as possible. Otherwise, you may lose even an easy case and suffer financial losses.
In addition, If you are not in Turkey and you want to have a job done in Turkey, then a power of attorney is mandatory. The content of the power of attorney varies according to the subject you want to have done, so you should definitely consult your lawyer before giving power of attorney.
Can I revoke a Power of Attorney?
Yes, you can revoke a POA at any time by notifying your lawyer and the notary public who notarized the document.
Is a POA granted in Turkey valid internationally?
Yes, but it must be apostilled for international validity
How long does the POA process take?
The process can take a few days to a couple of weeks, depending on the complexity and whether apostille is required.
Is it risky to give power of attorney?
Your assigned lawyer must perform the work and services he or she has undertaken in accordance with the duty of loyalty and care. He or she must also refrain from behavior that is harmful to you. Otherwise, he/she will be liable for damages. Any deals or transactions made in bad faith will be canceled.
In addition, lawyer will face major disciplinary penalties for violating professional ethics. Therefore, your risk is almost negligible.
Is lawyer can do anything with the POA I give?
With the power of attorney given to the attorney, it is thought that all transactions such as litigation and hearing transactions, bank transactions, title deed transactions, tax office transactions, vehicle purchase and sale transactions … etc. can be carried out by lawyers. However, If the power of attorney does not include special authorizations, the power of attorney issued to the lawyer will only be used for litigation and hearing process; for other procedures, special authorization will be required again.
There is a misconception, especially among those who have been granted a power of attorney. It is a common belief that with the power of attorney granted to the attorney, all transactions such as litigation and hearing transactions, bank transactions, title deed transactions, tax office transactions, vehicle purchase and sale transactions, etc. can be carried out by lawyers. However, if the power of attorney does not include special authorizations, the power of attorney issued to the lawyer will only be used for litigation and hearing transactions; for other transactions, special authorization will be required again.
Granting power of attorney to a lawyer in Turkey is a straightforward process if you follow these steps. By choosing a lawyer, preparing necessary documents, and ensuring proper notarization, you can effectively manage your legal, business, and personal affairs. For any specific questions or further assistance, to ensure all legal requirements are met please contact me.
