"How to revoke a power of attorney? What will be required for this?" - the answers to these questions should be known to every person who decided to write out the mentioned document. After all, sometimes the need to perform actions on behalf of a citizen is eliminated by someone, but there is still a power of attorney. Then you must cancel the previously issued document. But can this be done? And if so, in what order? All of the revocation of the power of attorney will be presented below. If you prepare in advance, no problems with this issue will arise.
The power of attorney is ...
To begin with, it’s worth understanding what kind of document we are talking about. Power of attorney - what is it? Which document may need to be revoked?
A power of attorney is a kind of permission to carry out actions and conclude transactions on behalf of a citizen. Something like representing a person by someone. In Russia, proxy actions are very popular.
Sometimes it may be necessary to revoke a specified document. But not everyone knows whether this can be done. And how exactly to act in a particular case. Does revocation of power of attorney take place? How is it made out?
Is there a right
The power of attorney is initially issued only by the good will of the citizen, whose rights will be protected. That is, this is a personal decision of everyone. Is it possible to annul a notarized power of attorney or any other?
Yes, there is such a right. But only those who have given permission to act on their behalf to another person can do this directly. Moreover, you can recall a previously compiled document at any time. There are no restrictions on this issue. It is enough to follow a certain algorithm of actions and remember some rules.
In Russia there are several types of powers of attorney. Which of them can be canceled? The answer is simple - that’s it. In fact, if a person changes his mind to grant the right to act on his own behalf, no one is able to prohibit the cancellation of permission. Can a general power of attorney be canceled ? Yes. Moreover, as already mentioned, at any time. That is why citizens are very skeptical of such a document.
Notification
Now it’s worth knowing how the cancellation process takes place. In fact, there is nothing difficult in it. The first thing a citizen should know: a third party who represents the interests of someone is required to notify of his decision. Without this, it is not possible to legally revoke a power of attorney.
Notification takes place exclusively in writing. The citizen must have evidence that he has fulfilled the first condition - he warned about the recall. It is recommended to send a notification by registered mail. A notification is sent at the place of residence or temporary registration of the trustee.
If the decision is communicated verbally or in any other way, the person must give a receipt stating that he knows about the plans for canceling the power of attorney.
Secret to the whole world
The next mandatory item is a written notice to all who know about the power of attorney about their decision. But it’s important to understand that citizens and organizations should have something to do with the mentioned document. For example, if a power of attorney was given for transactions in a bank, then you want to say about the recall of this to employees of a financial institution.
The process for sending a notification is exactly the same as for a proxy. The document is compiled and sent in writing. In response, a notification of receipt of the message will be sent to the applicant. Or, as already mentioned, a receipt is issued to the citizen stating that the organization / person / officer is aware of the recall.
Return of power of attorney
How to cancel a power of attorney? It is worth paying attention to the fact that this procedure involves the return of a previously prepared document to a citizen. That is, to the one who initially issued permission for actions on his behalf.
When is the power of attorney given? As a rule, at the time of receipt of the notice of revocation of the document. Nothing difficult or special. Some problems may arise, for example, if you cannot contact an authorized person. But more on that later. First, consider the recall process in more detail.
At the notary
How to cancel a power of attorney concluded at a notary public? To do this is no more difficult than in the process described earlier. The applicant must adhere to the following algorithm of actions:
- Collect a package of documents. These include an identity card and a statement of revocation of power of attorney.
- Contact the notary's office and notify the notary about your desire.
- The notary (at the request of the applicant) notifies the trustee of the termination of his powers, receives a receipt and a trust document. Or the same actions are performed by the citizen himself.
- If a notary public acted, then after notification of the trustee, the previously written power of attorney is given to the applicant. Otherwise, you need to submit a receipt to the notary’s office, which says about the successful notification of the citizen about the cancellation of the power of attorney, and also do not forget the document itself.
That's all. How to revoke a power of attorney? The process of canceling a representative office is already known. Next, it is worth understanding some of the nuances of the recall.
About alert
For example, you need to pay attention to the fact that notifying a proxy of his decision is not a citizen’s right, but his duty. Otherwise, all acts committed by proxy will be considered completely legal.
If it is not known where the trustee lives, a written notice is required at the last known place of residence of the citizen. It is important to inform the law enforcement authorities that the power of attorney has been revoked. Where exactly to apply? It all depends on the type of power of attorney. For example, if we are talking about a document that allows you to make real estate transactions, you need to contact the Rosreestr.
No power of attorney
Some are interested in how to revoke a power of attorney if the trustee refuses to return the issued permission to represent interests. There is nothing difficult about this. By law, a power of attorney is mandatory upon cancellation returned to the applicant. If the authorized person does not want to give the paper, it is required to inform the law enforcement authorities about this. Since then, the actions committed under the issued document will be regarded as fraud.
Notarised power of attorney
How to cancel a power of attorney, which is called notarial? The Civil Code of the Russian Federation has such a concept. The thing is that such a document cannot be canceled in any way. Its effect is terminated only after the expiration of the specified period.
An irrevocable power of attorney is indicated by Article 188.1 of the Civil Code of the Russian Federation. It is drawn up initially in a strictly established form. In practice, it is not so common. Therefore, if we are talking about a conventional power of attorney, then you can cancel it. And only in certain cases the operation is not feasible.
Through a notary public
People are also interested in how much it costs to cancel a power of attorney at a notary public. The exact amount cannot be called. It all depends on the particular notary's office. As a rule, notifying proxies of the termination of the power of attorney costs 1-2 thousand rubles.
There are some citizens who want to conduct the entire recall process through a notary public. The problem is that such workers have no authority to terminate powers of attorney. The applicant is fully engaged in this process. A notary is able to be a notifier. And nothing more. From now on, it is clear how to cancel the power of attorney. In reality, everything is not as difficult as it seems.