A power of attorney is an official document drawn up in writing, confirming the transfer of certain powers to an attorney. Most often, a power of attorney is issued from an individual to a legal entity, each company develops a sample individually and presents it to the client for signature at the time of conclusion of the contract for the provision of any services to represent his interests in various organizations, institutions, and instances.
A common situation is also drawing up a power of attorney to another individual. In order for the document to be valid and accepted by officials, it is very important to carefully consider its compilation and the wording used.
In what cases is it necessary to draw up a power of attorney?
The needs can be very diverse, therefore, the list of powers of attorney depends on in which organizations the attorney will represent the interests of the principal. It should be noted that this document makes it possible on behalf of the principal to perform various actions, collect documents and information, conclude contracts, complete transactions, submit applications and receive the necessary certificates and documents.
A number of features has a power of attorney from an individual to a legal entity, any notary will present a sample for review, since it is subject to mandatory certification of the signature of the principal. An individual can issue a power of attorney to another individual (relative, neighbor, acquaintance) to perform any actions on his behalf.
Often, elderly parents draw up a power of attorney to represent an individual to receive pensions or mail, as they themselves cannot do this due to health reasons. Sometimes the reason may be imprisonment or being on board a ship on a long business trip, or on treatment in a medical facility. Thus, a power of attorney is necessary in those cases when a person, due to his physical condition or certain circumstances, cannot independently represent his interests in any official institutions where his physical presence and an identity document are required.
What types of powers of attorney exist?
There are many options for power of attorney that an individual can issue to another individual or company, they differ in their content, scope of authority and the term for which it is issued. For example, for the sale of real estate a power of attorney is issued from an individual to a legal entity, a sample for review is usually provided by a real estate company.
Often they issue power of attorney to the court to represent the interests of an individual at meetings, or to submit tax reports. Samples of powers of attorney from individuals you can find yourself, or by contacting a notary. The power of attorney form for an individual differs from that which is drawn up for a legal entity basically only with an introductory part. If we compare a sample of a general power of attorney of an individual from an ordinary one, then we need to understand that it provides advanced opportunities, when the attorney completely disposes of property and rights, it differs in volume and in the opportunities provided.
The main varieties:
- the first type is when a power of attorney is required only once for a proxy to perform one action (receive goods, mail, sign an agreement);
- the second type is a special power of attorney issued by the principal for the periodic performance by the attorney of certain actions on his behalf for a month, a year, several years (filing tax reports, receiving a pension);
- general power of attorney, through which all rights to commit any actions are transferred (for example, in relation to any property).
The procedure for issuing a power of attorney
The basis for the issuance of a power of attorney is a certain agreement between individuals or an individual and an organization in the framework of any relationship on a gratuitous or paid basis. If a power of attorney is issued from an individual to a legal entity, then it is necessary to have his registration data and information about the head.
What authority does the representative have?
The powers are determined by the parties depending on the purpose of registration within the framework of the current legislation. The main part of the power of attorney is the names of organizations where it is required to be presented, a list of documents that must be collected, handed over or received, and a description of the specific actions necessary to fulfill the instructions. The power of attorney is drawn up personally by the principal, in all cases the certificate of power of attorney is made in his immediate presence with an explanation of the legal consequences of its issuance, since the law does not provide for the possibility of "correspondence" or remote registration.
The procedure for compiling a document
There is no strictly approved form of the power of attorney form, but there are mandatory conditions that are important to consider and include in it in order to avoid invalidity. The power of attorney is executed in writing, in some cases, the signature on it must be certified by a notary. For example, in the case of issuing a general power of attorney of an individual for the sale of an apartment, a sample is available at any notary's office.
The notary confirms the identity of the person issuing the power of attorney, his legal capacity and confirms the fact that the signature was made in his presence by that person. By agreement of the parties, the power of attorney can also be certified by a notary, even if notarization is not a prerequisite.
The main points that should be contained in the power of attorney
• in the upper part of the documents the name, city and date of preparation are indicated;
• hereinafter passport data, place and date of birth, address of the principal and attorney, or name, registration data, address of the legal entity and information about the head (representative);
• in the middle of the documents are reflected the powers that are transferred and the purpose of issuing the power of attorney;
• the lower part of the power of attorney usually indicates the period of its validity and the right to re-delegation (optional);
• The signature of the delegating authority and its full decryption, as well as the signature and seal of a notary or official (if necessary) are mandatory.
Who can be a representative by proxy and for how long is it issued?
An attorney may be adult and capable citizens who do not have any judicial restrictions. The interests of children are usually represented by parents or guardians. The period for which the power of attorney is drawn up is determined by the principal itself, depending on the situation. If the deadline is not specified, then it is valid for one year. However, at any time, the power of attorney can be canceled by contacting a notary. If the power of attorney is issued to represent interests abroad without specifying its validity period, then it will be valid until canceled by the principal. Representation of a citizen in court and executive services also requires notarization.
Principal Signature Certificate
The law establishes situations where mandatory certification of the principal's signature on a power of attorney is required. First of all, these are transactions for which a notarial form is provided, or when submitting applications to the registration authorities for registration of rights and transactions with real estate, acceptance of an inheritance, to dispose of rights registered in state registers. In addition to a notary public, a signature on a power of attorney can be certified by:
- medical facility officials if the principal is there for treatment;
- the administration of the military unit, the commanders of the courts in places and situations where there are no notary offices and travel to it is impossible;
- the heads of places of deprivation of liberty in the case of prisoners;
- the administration of social institutions when adult capable citizens living there are trustees;
- the bank, the delivery service and other relevant organizations certify for free power of attorney for financial transactions, the receipt of correspondence is certified by the organization at the principal's place of work;
- on behalf of the legal entity, the head or other authorized person certifies the signature on the power of attorney.
The procedure for issuing a power of attorney at a notary
In the notary's office, the presence of the principal itself is sufficient to formalize the power of attorney. From the documents you will need his passport, information about the representative (a copy of the passport is enough), complete information about the purpose of its issuance, the name of the authorities and the actions that the attorney needs to perform. The notary is required to check the passport to establish identity and ask a few questions to check the legal capacity of the principal. Next, an explanation is made to the principal of his rights, duties and consequences of the transfer of authority to another person. Preparing a power of attorney usually takes a little time. However, an important point is to verify the correctness of the drafting before signing it. The notary certifies this document with his signature and seal. For legal entities, additional documents will be required: a charter, a certificate of state registration and tax registration, an order and a document confirming the election or appointment of a leader (decision of the founder, minutes of the meeting).
How to terminate the power of attorney?
The power of attorney is considered invalid if the period for which it was issued has expired. It is also canceled in case of:
- death of one of the parties, recognition of him as legally incompetent, missing, or of limited competence;
- cancellation of the power of attorney by the person who issued it or the refusal of the attorney;
- termination of activity of a legal entity if a power of attorney was issued from an individual to a legal entity (sample);
- when a bankruptcy procedure has been introduced in respect of a principal or attorney, in which the right to issue powers of attorney is lost.
The document is also considered canceled, even if the attorney did not know about the fact of its revocation by the principal unilaterally. In this case, the representative must necessarily return the original power of attorney to the principal. In any case, each of the parties may terminate the power of attorney at any time. The one to whom the power of attorney is issued has the right to renounce authority, as well as the principal has the right to cancel it.