How to Issue a Power of Attorney

What is a Power of Attorney

Power of Attorney (abbreviated as PoA) is a legal document granting lawyers powers to act on behalf of their clients. Lawyers can apply for mediation, arbitration, litigation, sales of goods and real estate, citizenship and residency applications, and various other activities for the benefit of the client.

There are various ways to issue a PoA for lawyers to use in Turkey. In this article, we will look into the ways you could issue a PoA.

Method I - Turkish Notaries

The simplest method of issuing a PoA is via Turkish notaries in Turkey. All you need to do is go to a notary in Turkey and tell the powers you wish to grant your lawyer. Of course, if you do not know Turkish, the notary will require a translator. However, most notaries in Turkey work with sworn translators and you can contact the notary by phone to request a translator. This preparation could also be managed by your future lawyer.

You must also be aware that even though most Power of Attorneys are prepared according to the boilerplate texts the notaries have in hand, there are some nuances that needs to be told to the notary. For example, a lawyer cannot act on behalf of their client in mediation and arbitration processes without an explicit power granted to the lawyer. Make sure to contact your lawyer for any details that needs to be addressed for an effective PoA.

The notary will also request a copy of your passport. This copy must be translated to Turkish by a sworn translator and then notarised. The same translator who will help you during the issuing of your PoA will also be able to help you in this matter. All you need to do is submit a well-scanned copy of your passport to the translator beforehand. If you have a Turkish ID, you will not need to follow this step.

Once the notary issues the PoA, all you have to do is submit the document to your lawyer. There are not any other steps that needs to be taken.

Method II – Turkish Consulates

Of course, you may not be in Turkey or expect to be in Turkey any time soon. In this instance, the best method to obtain a PoA is via the Turkish consulates. According to Turkish law, all Turkish Consulates have the right to act as notaries. Thus, you may issue your PoA through the Turkish Consulates with ease.

However, not all Turkish Consulates cater to these needs, so you will need to contact your nearest consulate and ask if they help with issuing a PoA. This initial contact is necessary because if the consulate does issue power of attorneys, then you must make an appointment with the consulate.

The PoA issued by the consulate will be in Turkish, so you must bring a sworn translator with you as well as your passport.

You may request the PoA to be transmitted to the digital notary archive. Thus, you will not need to send the physical copy of the PoA to your lawyer in Turkey. The lawyer could get an effective copy in any notary in Turkey.

Method III – Local Notaries

The last method in issuing a PoA is via your local notaries in your residential country. These could be public notaries or attorneys. However, the laws of your country must recognize these authorities as notaries. You may issue a PoA via them in your native language. However, since this document is going to be used in Turkey, make sure to contact your lawyer and get a proper text that will be binding in Turkish courts and authorities.

There are also a few extra steps in this method. Since the PoA is going to be issued in another country, it needs to be apostilled or legalised for it to be legally binding in Turkey. Make sure to check whether your country is a part of the Apostille Convention to determine the next step to take.

If your country is a part of the Apostille Convention, you will need to contact your local authority to apostille this document. The apostille will verify that this document is in standards with your local laws and that it could be used in Turkey. Please check your local laws and regulations to find out which authority can issue apostilles to legal documents in your country.

Once the apostille is complete, you will need to send the document to your lawyer in Turkey. Your lawyer will make sure to translate and then notarise the apostilled copy for it to be used in Turkish courts and authorities.

If you are not residing in a country that is a part of the Apostille Convention, you must make sure to double-legalize your PoA. Once the PoA has been issued, you must translate the document into Turkish by a sworn translator in your country. Once the document has both the original and the translated version, you must contact your ministry of foreign affairs to legalize it. After the initial legalization step, you must take the document to the Turkish consulate or embassy in your country and legalize it a second time. Once all these procedures have been completed, you will have a legally binding PoA ready to use in Turkey.

If you have any further questions about this matter, make sure to reach us via WhatsApp, phone, or e-mail.