You can check powers of attorney through the e-Government (e-Devlet) system. However, only powers of attorney issued after March 1, 2016 are accessible online. All power of attorney transactions in the country are handled by notaries. A power of attorney is a bilateral contract between the principal and the agent, and both parties are legally obliged to follow the terms set out. Because of this, the scope of authority should be determined carefully. If the powers granted by a power of attorney are not clearly limited, problems may arise later. To avoid this, it may be necessary to perform a power of attorney inquiry and verify the details.
What Is a Power of Attorney?
A power of attorney is a document in which one person authorizes another to act on their behalf in specified matters. This document is created in writing and must be notarized to be valid. A power of attorney can grant general or limited authority. The Turkish Code of Obligations defines it in Article 386 as: “Power of attorney is a contract by which the agent undertakes to perform the task imposed on him by the contract.” This provision highlights that a power of attorney imposes binding obligations on both parties.
How Is the Scope of a Power of Attorney Determined?
The scope of authority is specified in the drafted power of attorney document. It is determined according to the purpose of the document and the requests of the parties involved. Article 388 of the Code of Obligations states that if the scope of the power of attorney is not expressly specified in the contract, it should be determined according to the nature of the business to be performed.
The agent must follow the instructions of the principal and cannot take legal actions without consulting them. If the agent does not need to obtain permission for each action from the principal, they still have a duty to act in the principal’s best interest when representing them.
An agent may delegate the work to another person, but if they do, they remain responsible as if they had performed the work themselves. Any problems that arise are the agent’s responsibility.
How Is a Power of Attorney Granted?
A power of attorney must be issued at a notary. Required documents should be prepared and an appointment should be made at a nearby authorized notary. You can find information about local authorized notaries through the Turkish Notaries Union application available on the e-Government platform.
After making an appointment, go to the notary with the required documents. Once the notary is informed of the type of power of attorney to be issued, the contract is prepared. The process is completed when the agent and the principal sign the prepared document. A copy of the power of attorney remains at the notary.
What Documents Are Required for a Power of Attorney?
Required documents and the nature of the paperwork vary depending on the type of power of attorney to be issued. Regardless of the type, documents to bring to the appointment include:
- The principal’s identity card or passport
- Identity information of the person who will receive the power of attorney (the agent)
- For powers of attorney that will be formally drafted, recent biometric photographs of both the principal and the agent
The agent cannot be under 18 years old. If the person granting the power of attorney is under 18, the document must state the relevant capacity phrasing (for example, acting on behalf of a minor by guardianship or custody).
How Long Is a Power of Attorney Valid?
The validity period of a power of attorney depends on how the document is drafted. If the parties specify a time limitation, that period applies. When no specific term is stated, case law from the Court of Cassation has limited validity to 10 years.
A power of attorney can also be tied to the completion of a specific transaction. For example, a power given solely to complete a property sale ends when the sale is finalized, and after that it cannot be used for any other official matters.
How Much Does Issuing a Power of Attorney Cost?
Fees for issuing a power of attorney vary by type. Current fee ranges include:
- Power of attorney at a notary for vehicle sale: 192 TL
- Power of attorney for an attorney: 192 TL
- General power of attorney: 550 TL–1,900 TL
- Power of attorney for accounting matters: 192 TL
What Are the Types of Power of Attorney?
Types of power of attorney are classified according to the purpose of the agreement and the authorities granted. Common types include:
- General power of attorney
- Power of attorney for land registry (deed) transactions
- Power of attorney related to inheritance and transfer procedures
- Power of attorney for recognition and enforcement matters
- Power of attorney for conducting sales or promissory sales
- Power of attorney for share transfers in companies
- Power of attorney to mortgage property
- Power of attorney for divorce proceedings
Where Can a Power of Attorney Be Queried?
Power of attorney inquiries can be done online. The principal must log in to the e-Government system with their credentials. By searching for “power of attorney inquiry” in the e-Government search box, a link to the Turkish Notaries Union page appears, where document details can be viewed. However, information available online is limited to powers of attorney issued from March 1, 2016 onward, since online notary transactions were organized from that date.
You can also inquire at the notary office. By making an appointment at the relevant notary, a person can access all power of attorney records established in their name. If you need to find a power of attorney issued before 2016, you must visit the notary in person.
How Is a Power of Attorney Revoked?
A power of attorney can be revoked by issuing a cancellation document, known as an azilname. You should go to the notary where the power of attorney was issued or include that notary’s details in the written request. Information that should be included in the petition to revoke a power of attorney includes:
- Identity and address of the person revoking the power
- Identity and address of the person whose authority is being revoked
- Any written statement from the principal to the agent
- The principal’s written declaration to the notary
After submitting the azilname, it must be signed by both the principal and the agent. Once processed at the notary, you can confirm the revocation by performing a power of attorney inquiry. It typically takes about one week for the revocation to be entered into the system.
Sample Power of Attorney
By virtue of this power of attorney, for claims and proceedings opened or to be opened for or against me, I authorize and empower the appointed attorney to represent me before all judicial and administrative bodies of the Republic of Turkey, in all degrees and instances, to protect my rights and interests, to initiate lawsuits, commence and carry out enforcement proceedings, participate in ongoing lawsuits, pursue and conclude enforcement and litigation, accept or waive claims, appoint arbitrators and accept or reject arbitration, file and respond to petitions and documents, receive and acknowledge notifications, present witnesses and expert witnesses, accept or reject the opposing party’s submissions, issue protests, send and respond to notices, administer oaths, request and attend inspections, object to inspection reports and request new inspections, request and lift provisional or execution attachments and seizures, perform all necessary legal actions before enforcement offices, the Court of Cassation, the Court of Accounts, the Council of State, Regional Administrative Courts, Tax Courts, State Security Courts, and all existing or future judicial bodies and other state agencies, pursue appeals, request correction of judgments and retrial, challenge or remove judges, experts, arbitrators, witnesses, clerks and other officials where permitted, request transfer of cases, attend hearings, collect and deliver documents by hand, obtain copies and extracts, examine files, correct errors, act before tax offices and related commissions, make settlement requests and sign minutes, lodge objections and take all necessary legal steps to follow and conclude matters. I further authorize the attorney to act for the recognition and enforcement of foreign judgments and to object to such recognition and enforcement, to request exemption from attending hearings where permitted, and to request enforcement of all decisions from relevant authorities. These powers may be delegated, shared or revoked in whole or in part, and may be exercised jointly or separately, including settlement, release, acceptance or waiver of lawsuits and appeals, participation in enforcement auctions, and representation in auctions as authorized. I hereby appoint as my attorney [name omitted], Attorney at Law, registered with the Ankara Bar, residing at Çayyolu Mh. 4552 Sk. No: 10 Kat: 5 D: 20 Çankaya/Ankara, Tax ID No: …………………, to act on my behalf.
PRINCIPAL :
ADDRESS :