The power of attorney is represented by official documentation, through which certain powers are transferred to other citizens or companies. It may contain different information depending on the purpose of use, but the requirements for a power of attorney are standard and the same for any documentation. Only when these conditions are taken into account, a document with legal force is formed, therefore it will be adopted by various state institutions.
The concept of power of attorney
It is represented by documentation on the basis of which certain powers are transferred by a citizen or company to other persons. The purpose of its formation is the opportunity for a person to represent the interests of another citizen in court or other state institutions. The requirements for a power of attorney are listed in different provisions of the Civil Code.
Documentation is always in writing only. A representative may be a citizen or company.
Document types
The requirements for a power of attorney may vary slightly depending on the type of this documentation. If a document is prepared for legal entities, then an irrevocable power of attorney is often used, which cannot be canceled before the deadline indicated directly in the text. Cancellation is allowed only for good reason.
If the participants are citizens, then they can use the following types of documents:
- a general power of attorney allows you to transfer authority to perform any actions on behalf of a citizen, therefore, a representative can apply to this document to various state or commercial institutions;
- one-time is drawn up only to perform any one action, for example, to conclude a transaction involving the purchase or sale of real estate;
- a special one is issued to represent a person in a particular institution for a limited period.
It is allowed to draw up this documentation for one person or several persons. It must have the appropriate name so that there is no disagreement or confusion.
What are the requirements?
The main requirements for a power of attorney:
- the document must be correctly drawn up, namely in writing, so the oral agreement does not have any legal force;
- such a transaction is urgent, and on the basis of Art. 186 Civil Code maximum power of attorney for three years;
- after the death of the principal, the documentation becomes invalid;
- only adults and capable persons can do the paperwork;
- if the validity period is not indicated in the document, then it can be used only for one year;
- the power of attorney is represented by registered documentation, so the correct information about the participants in the process is entered;
- for children and disabled persons, the power of attorney may be drawn up by parents or official representatives.
Since the transfer of power of attorney is represented by a civil transaction, all legal requirements regarding such transactions must be observed. Otherwise, the documentation will not have legal force. Therefore, if it is formed by private individuals, then they must understand the requirements that are presented to the power of attorney. Otherwise, it is best to contact a notary public.
Who can be a trustee?
Requirements for the power of attorney must be strictly observed by the participants in the process. Most often, citizens and companies prefer to contact a notary public with this issue in order to verify the legality of the compiled documentation. The trustee can only be a person who meets certain conditions:
- a citizen must be capable and of full age;
- if the document is drawn up with a child or a disabled person who cannot be responsible for his actions, then such documentation is easily recognized as invalid, so all actions committed by a proxy will be illegal;
- when entering information about the parties to the transaction, it is important to use passports in order to rewrite reliable and relevant information from these official documents.
If citizens or company representatives turn to a notary public, the specialist will be able to talk about what legal consequences the transaction participants will have to face.
Registration term
Requirements for issuing a power of attorney even include the need to indicate the validity period in this document. In this case, the nuances are taken into account:
- if the document does not contain any information on the period of its validity, then under the law you can use the power of attorney only for one year;
- most often, citizens prefer to draw up a document for several years, but the power of attorney for three years is formed as much as possible;
- if the proxy represents the interests of the principal in another state, then the validity of the documentation is not mandatory information, therefore it is valid until it is canceled by the direct citizen.
Violation of the conditions prescribed in the legislation may lead to the fact that people simply will not be able to use the document to carry out any significant legal actions.
Form of power of attorney
No specific requirements for the form of power of attorney are presented. It can be written in simple writing, but some mandatory information must be included. Without them, it cannot be used for any purpose. Other rules include:
- You can create a power of attorney by hand or using a computer;
- the details of each participant in the process are necessarily prescribed;
- take into account the requirements contained in the Civil Code and other regulatory acts;
- the validity period of the document, the nature of the content and the date of preparation are prescribed.
Most often, principals prefer to contact a notary public, as in this case you can be sure that the document will contain the necessary information. Additionally, the specialist observes numerous requirements for the content of the power of attorney.
What information does it include?
The content of the document may be different, as it depends on its variety. Mandatory requirements for a power of attorney include the need for the following information in the text:
- date and place of documentation;
- information about the participants in the process, presented by their full name, passport data, registration addresses and contact information;
- if the participant is a company, then its details, name and other important information are indicated;
- The powers that are transferred using this documentation are given.
- The period of validity of the power of attorney is indicated.
It is certified by a power of attorney by the signature of the participants in the transaction. If a notary is involved for this process, then he must put a signature and a seal on this documentation.
The nuances of compiling a general power of attorney
To transfer the right to fully represent the interests of another person, a general power of attorney is drawn up for the trustee. The requirements for this document are a bit specific:
- most often, documentation is drawn up for three years;
- it transfers the right to use a car, carry out transactions with real estate or to sign important documents;
- proxies by this power of attorney may represent the interests of the principal in different state institutions.
Standard conditions for the form and content are the same for all types of power of attorney.
Can I represent interests in court?
Often this document is drawn up so that a relative can represent the interests of his ward in court. This is advisable if the immediate plaintiff or defendant is unable to attend court hearings for health reasons or other reasons. Requirements for issuing a power of attorney in this case are standard, but the text states that the proxy can perform various actions in court on behalf of the principal.
Often for these purposes a general power of attorney is drawn up. It is not allowed to choose a prosecutor, judge or investigator as a proxy. Additionally, judicial officers are not involved in this transaction.
The designated attorney may perform the following actions:
- get acquainted with the numerous materials of a particular case;
- file various applications;
- appeal against various decisions;
- challenge
- transfer to the court various evidence received from the principal or other persons;
- appeal against various interim measures.
Other powers may be delegated to the text of the power of attorney.
Who can issue a power of attorney?
To perform numerous actions by an authorized person, it is required to draw up a document only with a notary public. This requirement of power of attorney is fundamental. The following persons may engage in certification of documents:
- a notary public, but only on condition that it is possible to contact this specialist in specific conditions;
- if the person who is the principal is in prison, then the head of this institution can certify the documentation;
- when drafting a document in a military unit, the chief of the unit or the commander of a particular unit is involved in the certification of the document;
- if a serviceman is in a medical organization, sanatorium or hospital, then certification by the doctor on duty is allowed.
In some small towns, notaries do not work. In this case, citizens have to contact representatives of the local administration who can certify the document.
Is it possible to take advantage of the transition?
The proxy at any time can transfer his authority to another person, if the relevant information is written in the power of attorney. If such information is not available, then the citizen cannot transfer the rights received to another person or company. The conclusion of such a transaction is easily recognized as invalid.
The principal shall be obligatorily notified that the substitution has been used. This requires notifying the citizen or owner of the company about the completed process in a short time.
Reasons for cancellation
There are several reasons why a power of attorney may expire ahead of schedule:
- the principal withdraws his authority;
- a proxy refuses to independently represent the interests of another person;
- the basic requirements for a power of attorney are not respected, therefore it does not have legal force;
- the principal is declared bankrupt; therefore, it loses the right to issue powers of attorney;
- one party to the transaction dies, is declared legally incompetent or missing;
- the notary who certified the document ceases its official work;
- the company on whose behalf the power of attorney was drawn up is closed.
Both participants should be warned that the document has become invalid. For this, official written notifications are drawn up.
Conclusion
The power of attorney must be drawn up taking into account many conditions in order for the representative to have truly legal authority. Requirements for a power of attorney depend on its type, delegated authority and other parameters. Some varieties of the document require notarization, so you have to contact a notary. Under certain specific conditions, other officials may certify the documentation.
Powers are terminated on the basis of a power of attorney in different situations. Each participant in the process must be notified in writing that the document has lost its legal force.