Power of Attorney

What is the Power of Attorney?

A power of attorney is to authorize another person to act on their behalf in certain circumstances by a written document in the presence of a notary public. Power of attorneys may be limited or may be given within the scope of general authority. The power of attorney can be given to any person regardless of whether they are mentally stable men or women over the age of eighteen. In order to appoint a person as a proxy, you need to go to the notary and prepare a document explaining what you have given a proxy. It should be explained in a detailed and understandable way on which subject a power of attorney will be given to the notary. In this way, a wrong power of attorney is prevented.

Before signing the document prepared in accordance with the rules in the presence of a notary public, it should be read carefully and confirmed that it is not incorrect. At the end of signing the documents issued as 2 pages, one page is given to the person giving the power of attorney and the other remains in the notary public.

If the person giving the power of attorney has a foreign language, the transactions can be continued by getting support from the translators working in the notaries. It is mandatory to have an identity card with the person who will give the power of attorney. In this process, it is necessary for the person who is given a proxy to be present in the notary public. The other elements that should be kept with the persons while giving the power of attorney are a total of 4 pictures, including two passport photos, belonging to the person giving the power of attorney and belonging to the person to be the attorney, and the copy of the identity card or the original of the identity card, where the information such as the name, surname, date of birth of the person to be appointed as the attorney is clearly visible, will be sufficient. According to the subject of the power of attorney, different documents are also requested. License certificate is requested for vehicle power of attorney and title deed is requested for real estate transactions. For foreign nationals, a passport and its translation along with a tax number are required.

The person acting as a proxy is required to carry out transactions in accordance with the interest and will of the person from whom he/she receives his/her power of attorney. The proxy giver and the person who is the proxy are required to agree by talking in detail about the issues that are desired and understood to be made.

Depending on the type of power of attorney given, the person appointed as a proxy may also enter into debt. At the same time, the attorney is obliged to fulfill the desired result without losing time in cases such as obtaining the desired result and performing the transactions. The person appointed as a proxy must comply with the instruction given by the proxy giver. However, the person acting as a proxy decides from the person giving the proxy by using insifative in a situation where he/she does not have the opportunity to obtain permission such as the cause of the disease, inaccessibility. If the person giving this initiative as a proxy knew the situation and the event, what would be allowed to be done? should be taken into consideration.

There are some transactions made by taking power of attorney. Some of the transactions made by power of attorney are as follows:


  • To be able to file a lawsuit
  • Being at peace with each other
  • Arbitration
  • Acquittance
  • Accepting the lawsuit filed by the other party,
  • To waive the lawsuit filed,
  • To take what is decreed
  • Accepting the oath offer
  • Removing the attachment
  • Appointing someone else as proxy
  • Reject The Judge
  • To file a claim for damages against the judges
  • To file a lawsuit in the Constitutional Court
  • Committing to foreign exchange
  • Being able to donate
  • To be able to file lawsuits related to the rights granted to the person
  • To assign any real estate or to be able to encumber it with a right
  • Accepting the concordat proposal or submitting the concordat proposal

The power of attorney has been diversified according to the transactions to be made. The first of these is the general power of attorney. According to the general power of attorney, the person acting as a proxy may make decisions on various issues other than sales and donation contracts on behalf of the person giving the proxy.

Proxies requiring special authorization are as follows:

  • Private Real Estate Sales,
  • Mediation and Settlement Authority issues,
  • Succession and Succession Sales,
  • Company Organization
  • Succession and succession,
  • Enforcement and recognition,
  • To accept the divorce lawsuit to file a divorce lawsuit or to accept the divorce lawsuit filed,
  • Establishing mortgage,
  • Lease Agreement,
  • Transfer of shares in companies,
  • Making sales promises,
  • Buying and selling real estate,
  • Special power of attorney is required for the transactions to be made in the title deed.

The necessary fee for the person elected as a proxy and to carry out the transactions can be given before or after the work according to the agreement between the proxy and the proxy.

There is a fee determined by the notaries to grant power of attorney. The fee of the power of attorney is determined according to the number of words in the document made in the presence of a notary public. The number of words written in the document varies depending on the subject of the power of attorney. The person who wants to cancel the given power of attorney should go to the notary again with the power of attorney and identity information. In order to cancel the power of attorney transactions, the person who is given the power of attorney must have the power of attorney, otherwise the cancellation will not take place. The notary public issues an official document on why the power of attorney is canceled and a mutual signature is signed. After the signature is signed, the proxy transaction is canceled. This document is issued again two times and one remains in the notary public.

If there is a power of attorney given a long time ago and forgotten due to various reasons or if it is not remembered to whom it is given, troublesome processes may be experienced. In order to avoid facing these processes and to find out who has been appointed as a proxy, it needs to be questioned and investigated. It is possible to query the power of attorney given through the notary public and to make proxy query in people who have applications such as e-government.





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