In everyday life, there are often situations when it is necessary to resolve a certain issue or perform an action for which there is not enough time or there is no physical possibility to carry it out. In such cases, an effective tool that greatly simplifies the situation is a power of attorney. When such a document is really needed and how to give it legal force – read below.
Rules for drawing up a power of attorney
A power of attorney is a written document issued by one person to another person for representation before third parties.
Notaries certify powers of attorney drawn up on behalf of one or more persons, in the name of one person or several persons upon the verbal request of the principal.
The legislation stipulates certain requirements for the content of a power of attorney. In particular, the power of attorney must clearly define the legal actions that the representative is to perform. They must be lawful, specific, and enforceable.
The text of the power of attorney must indicate the place and date of its preparation (signing), surnames, first names, patronymics (full name for a legal entity), place of residence (location for a legal entity) of the representative and the person represented, and, if necessary, the positions they hold.
Powers of attorney issued for the performance of transactions regarding the disposal of property also indicate the registration number of the principal's taxpayer identification card (tax number).
Powers of attorney issued in the name of attorneys may indicate their status and membership in a bar association (if the attorney is a member of a bar association).
For powers of attorney for the conclusion of a gift agreement, the legislator has provided for the mandatory indication of the last name, first name and patronymic of the donee. If this condition is not met, the power of attorney is null and void.
A notary cannot certify a power of attorney to perform a transaction that, according to its content, can only be performed personally by the principal (for example, regarding the drawing up of a will).
The power of attorney must specify its validity period. If the term of the power of attorney is not specified, it remains valid until its termination.
The power of attorney that does not specify the date of its execution is null and void.
The notary is obliged to assist citizens in exercising their rights and protecting their legitimate interests.
