Power of attorney, in its most general meaning, is the authorisation given by one person to another person to carry out some business and transactions on his behalf and for his benefit. In the sense of the Law of Obligations, the power of attorney constitutes a contract that imposes obligations on both parties. Powers of attorney can be issued as a durable power of attorney or as an indefinite, enduring power of attorney, depending on the preference of the person giving the power of attorney.

Key Points of Article

Empowering Representation:

Power of Attorney serves as a vital tool, granting authorization for one to represent another in diverse business and transactional matters, establishing a binding contractual relationship.

Legal Expertise in Transactions:

In Turkey, the legal landscape designates litigation lawyers for handling judicial transactions, necessitating a specialized form of power of attorney.

Precision in Legal Proceedings:

Certain legal actions demand a meticulous approach, requiring explicit powers in the document for cases like divorce, adoption, and claims involving personal rights.

Documentation Challenges for Foreigners:

Foreign individuals navigating the Turkish legal system must meticulously provide identification details, and language disparities may require translation services, incurring additional expenses.

International Recognition and Simplification:

Recognition under the 1961 Hague Convention streamlines the approval process for foreign-issued powers of attorney in Turkey, offering a simplified path without the need for additional Turkish approval.

Power of Attorney for Lawyers in Turkey

For the results and transactions to be carried out before the judicial authorities, only the lawyer can be given power of attorney. In other words, in Turkey, the profession of litigation attorney is specialised for lawyers. The power of attorney given to the lawyer for the execution of the works before the judicial authorities is called a general litigation power of attorney.

With this power of attorney, a lawyer can only carry out your affairs before the judicial authorities. He/she cannot do any other work and transaction. For example, he/she cannot buy and sell vehicles or real estate in your name, carry out your transactions before banks, or make subscription contracts in your name. In order for the lawyer to carry out such transactions, these authorisations must be given separately in the power of attorney.

In addition, for the execution of some lawsuits, the power of attorney for litigation must be specially regulated. In particular, in order to carry out lawsuits and transactions related to the rights strictly attached to the person, the powers related to these rights must be specifically mentioned in the power of attorney. For example, performs such as claiming moral compensation, adoption, annulment of marriage and divorce are within this scope.

Power Of Attorney For Divorce In Turkey

Among these, the power of attorney for divorce has a speciality in Turkish judicial practice. The name and surname of the spouse to be divorced is also written in this power of attorney. Again, the passport-size photograph of the person giving the power of attorney is added to the power of attorney together with the cold stamp.

Power Of Attorney For Sale of Real Estate In Turkey

Like the power of attorney for divorce, the power of attorney for the sale of real estate needs to meet some specifics for the execution of title deed transactions in Turkey. To begin with in accordance with Article 504/3 of the Law of Obligations “Unless specifically authorised, the attorney cannot file a lawsuit, conciliate, apply to an arbitrator, request bankruptcy, postponement of bankruptcy and concordat, make a foreign exchange commitment, make a donation, become a surety, transfer real estate or limit it with a right.”In other words, the sale of real estate in Turkey can only be carried out with a special authorisation.

The power of attorney given for real estate sales transactions must also meet some formal requirements. The information about the real estate subject to transactions should be clearly written in the power of attorney (The information about real estate should contain at which city and district the real estate is and its block and parcel numbers.). The power of attorney must be titled as “Power of Attorney in the Form of Arrangement ” (“Düzenleme Şeklinde Vekaletname” – in Turkish). The photo of the giver of the power of attorney should also be added to it.

Power Of Attorney Given By Foreigners in Turkey

In the powers of attorney to be given in the execution of foreign affairs and cases; the foreigner identification number or temporary foreigner identification number in the residence permit of the foreigner giving the power of attorney is written in the power of attorney. In addition, the translation of the foreigner’s passport photocopy is also attached to the power of attorney. The passport translation can be obtained through a sworn translator working with the notary public. For this reason, it is useful to contact the notary who will prepare the power of attorney and get information in advance about whether they provide translation services. In addition, if the foreigner who gives the power of attorney does not speak Turkish, a sworn translator who speaks the language is also present at the notary public and it is ensured that the foreigner who gives the power of attorney is fully aware of the content of the power of attorney. When the translation and interpreter fees are added, the cost of the foreigner to give a power of attorney can be relatively high.

Giving Power Of Attorney To A Lawyer In Turkey From Abroad

A foreigner who wishes to give a power of attorney to a lawyer in Turkey may apply to the nearest Turkish Consulate and have a power of attorney issued, or may apply to the foreign state institution authorised to issue a power of attorney and have a power of attorney issued. In order to obtain a power of attorney from the consulate, an appointment must first be made with the consulate. This appointment can be easily obtained from“konsolosluk.gov.tr”.

Powers of attorney issued by foreign authorities must be approved by the Turkish authorities to which the document will be issued in order to qualify as such in accordance with Article 224 of Civil Procedure Law No. 6100. If the 1961 Hague Convention documents issued by the official authorities of the states party to the Hague Convention include an apostilled annotation, the need for the aforementioned approval is eliminated.