Power of Attorney (POA) is a legal document that gives a person the authority to represent or act on another person’s behalf in legal issues. When you issue a power of attorney to someone, it means within the law that “You may act on behalf of me for these powers”.
POA helps you with many legal transactions like a title deed conveyance when you buy a property in Turkey. To add, you should be careful about giving a POA for only the powers that your attorney needs for a limited time. We strongly advise you not to issue a general POA that contains full authority.
When you buy a property, your POA includes the authority to buy a property on your behalf and obtain electric and water connections. In this case, the POA has only the required powers, and so your proxy cannot violate your rights. You should always think twice when you give the authority of selling a property.
Granting and signing the Power in Turkey
Your lawyer will, working with a local Notary, prepare the Power of Attorney. They will make sure it contains all the necessary clauses to allow your transaction to proceed smoothly.
They will make an appointment for you to attend at the Notary’s office to sign the document. They will often accompany you at that appointment.
The Notary will then register a copy of the Power in his archive and give you an original copy of it.
You then give the document to the person you have appointed to sign for you. This will, often, be your lawyer.
That’s it. Simple! Better still, it’s (relatively) cheap.
The Starting Point
Your lawyer in Turkey will draft the necessary Power on your behalf. This will be after discussing your requirements.
It is important that it contains all the necessary clauses and so this is not something you should do yourself.
The terms of the Power – the authorities it gives to the person appointed to take steps for you are usually quite wide, to make sure that everything that we might need to do is covered. The authorities here are quite strict in the way they interpret Powers of Attorney and so, if something is not specifically and clearly authorised, they are likely to refuse to accept the Power for that purpose.
The Power must be in Turkish. My firm always prepares Powers in dual language form – in Turkish and in your language – so that you will understand what they say!
The process is more complicated. You will have to ask your local Notary exactly what is required. They will be familiar with the requirements.
Do you really want to use a Power of Attorney?
The cost of preparing Powers of Attorney is quite high. For many people – provided they have the time – it can be cheaper to come out to Turkey for a few days to sign the documents here in person rather than appointing someone to do so on their behalf using a Power of Attorney.
There are some downsides to doing this: for example, if the arrangements change at the last minute (for example, the signing is delayed for a week) you may no longer be available and you can be in some difficulty. This does happen: quite often. Also, as the transactions will be in Turkish, you may not feel confident about signing, even with a translator, since you most likely would not understand the process.
If you decide to sign in person and, having come to Turkey, for some reason you cannot remain until the document is finally ready, you can still prepare a Power of Attorney whilst you are over here, at a fraction of the cost of doing so in your own country because the document does not need to be legalised.
Such power of attorney is issued in Turkish notary or Turkish Consulate in your country of residence. It allows you to start the procedure of the acquired property, make requests to public authorities in Turkey, and then get a certificate of ownership (Tapu) in the Land Registry Office in your name.
For registration of power of attorney you should have a valid passport, translated and certified copy of the tax identification number (TIN). Also during processing power of attorney must be presented a certified interpreter (usually it is at the notary’s office).
Giving power of attorney, you risk nothing, because the presence of a power of attorney does not give the right to another person on this property, as in Title Deed will be listed only your name and photo.
Power of attorney in Turkey can be issued to:
• Purchase of real estate in Turkey;
• Property management in Turkey;
• Banking transactions on your behalf;
• Attachment and use of funds on your behalf;
• Filing up of claims and litigation;
• Implementation of tax operations, etc.
• Execution of documents
Owning a home is a keystone of wealth… both financial affluence and emotional security.