How Can I Give a Power of Attorney to a Lawyer in Turkey?
In order for lawyers in Turkey to represent a person or company before official authorities and courts, a power of attorney must be duly given. How Can I Give a Power of Attorney to a Lawyer in Turkey?
As a rule, lawyers can obtain information from official authorities, examine files, and provide consultancy services without a power of attorney.
However, in order for a lawyer to represent a person before official authorities and courts, he must have a power of attorney. In addition, a power of attorney will be required in cases such as obtaining a copy of a case file, obtaining a residence permit, making an application, attending a mediation meeting.
Although lawyers in many countries have the authority to issue power of attorney and even lawyers can perform notary procedures, lawyers in Turkey do not have the power to issue power of attorney.
If the person who wants to give a power of attorney is in Turkey;
If the client candidate is in Turkey, it is quite easy to give a power of attorney. The power of attorney to be given to the lawyer is issued at the notary public. If the original or a copy of the power of attorney is delivered to the lawyer, the lawyer will be able to use the power of attorney.
In order to be able to issue a power of attorney, the client candidate will need an official document such as a valid passport, an identity document of his/her country, a residence permit, if any, or a foreign identity document.
The person who wants to give a power of attorney must know the name, surname and the Republic of Turkey ID number of the lawyer to whom he wants to give the power of attorney.
The person who wants to give a power of attorney must learn from his lawyer the “authorities” that should be included in the power of attorney. In the example of the power of attorney in the form of “General Law of Attorney” available in the notary public, many powers such as making peace, making full corrections, delegating, ahzu kabz may not be included. In addition, special authorization will be required in the power of attorney, for example, in a case such as refusal of inheritance or in cases related to civil service.
If the client does not know Turkish, an interpreter is also required.
Legal persons who want to give a power of attorney; The management decision regarding the circular of signature showing that he is authorized to manage the legal entity or to issue a power of attorney must also be submitted to the notary public.
If the person who wants to give a power of attorney is not in Turkey;
If the candidate is not in Turkey and does not have the opportunity to come to Turkey in the near future, there may be two ways to give a power of attorney to the lawyer.
The first is to issue a power of attorney through the Turkish Consulate closest to the client.
The second is to issue a power of attorney from the official authority of the country in which it is located, if the conditions are available.
To issue a power of attorney on behalf of the lawyer through the Turkish Consulate;
Client candidate; She/He must go to the website https://www.konsolosluk.gov.tr/ and identify the nearest Turkish Consulate and notify the lawyer.
As a rule, Turkish Consulates carry out notary transactions only for citizens of the Republic of Turkey. In order to make notary transactions for foreigners, please contact the lawyer you want to give a power of attorney.
In some Turkish Consulates, “authority to purchase real estate in Turkey” is absolutely required in order to give a power of attorney to a lawyer. In this case, the client candidate will need to take 3 passport photos with him in order to issue a power of attorney.
If the foreigner who wants to give a power of attorney does not know Turkish, there may be an application in the form of making an appointment on the website and coming with a translator.
Some Turkish Consulates, on the other hand, require foreign client candidates to make an appointment through Turkish Translators working in that city.
Apostille Power of Attorney
Apostille annotation is a method accepted by the countries that are party to the 1961 “Hague Convention” and provides the recognition of official documents in the eyes of other countries.
For an apostille power of attorney, the client candidate will need to send the original copy of the power of attorney to the lawyer by issuing the said power of attorney from the institutions that issue apostille annotation and provide notary duties.
Since there is no journal number that can be confirmed by the civil servants in Turkey on the power of attorney with annotation, it may not be possible to carry out banking transactions, title deed transactions and representation transactions with the said power of attorney.