A power of attorney, known as "Vekaletname" in Turkish, is an important legal tool that enables individuals to grant another person the right to act on their behalf. This may include signing contracts, conducting financial transactions, managing property, and representing in legal matters. Power of attorney in Turkey is of great importance in various personal, commercial, and legal transactions. This article aims to provide a comprehensive guide to understanding power of attorney in Turkey, including its definition, types, procedures, limitations, and basic considerations.

Types of legal power of attorney in Turkey

In Turkey, a power of attorney can broadly be categorized into two main types:

Limited power of attorney:

A limited power of attorney gives another person the right to act on behalf of the person concerned with the aim of carrying out a specific transaction, which means that the power of attorney has limited authority, and it grants limited and specific powers to the agent, which ensures that the authority of the agent is limited to those specific procedures. For example, a limited power of attorney is granted to a person for the purpose of signing a real estate title deed in the name of the buyer of the property, and this power of attorney ends at a specified time.

General power of attorney:

It is a general and comprehensive power of attorney that gives the agent comprehensive authority to act on behalf of the other in various legal and financial matters, whereby the person concerned grants all the powers and rights that he possesses to the agent, and the general agency may grant the right to sign documents on behalf of the principal (the person concerned), pay bills and conduct financial transactions. This type of power of attorney can be approached in case that it is not possible to conduct it by the person concerned, due to the wide authority granted by this power of attorney, but one must be very careful about it and not grant it except to a lawyer or an extremely reliable person.

Conditions and papers required to conduct a legal agency in Turkey

• The applicant must be over the age of 18.
• The applicant must hold an original passport valid for at least 3 months.
• It is recommended to bring a copy of the passport translated into Turkish, and it must be certified by a notary public in Turkey.
• Two personal photos with a white background, taken no more than 6 months ago, preferably as an electronic PDF file.
• A tax number, to be obtained from the Turkish Tax Department.

Drafting and implementing the legal power of attorney in Turkey

To create a valid power of attorney in Turkey, some formalities must be followed:

• Authentication: The power of attorney document must be certified by the Notary Public. This step is crucial to authenticate the signatures of the person concerned and the agent.
• Language: The power of attorney document must be written in Turkish, and in case that one or both parties do not understand the Turkish language, a certified translation may be required.
• Identification: Both the person concerned, and the agent must present valid identification documents during the authentication process.
• Witnesses: A number of witnesses may be required during the notarization process, depending on the type of power of attorney and the local regulations of the area.

The powers of the legal agency in Turkey

The scope of the authority or powers granted in the power of attorney must be defined clearly and specifically, and it is necessary to define the tasks and transactions that the power of attorney is entitled to perform on behalf of the person concerned.

Cancellation of the legal agency in Turkey

The person concerned has the right to revoke the power of attorney at any time, provided that he is of sound mind and capable of making such decisions. The revocation process includes documenting a new document that expressly states the termination of the power of the agent.

Power of attorney in real estate transactions in Turkey

Power of attorney is commonly used in real estate transactions in Turkey, enabling individuals to complete real estate purchases, sales, and rental agreements on behalf of the buyer.

Sometimes a real estate sale or purchase agency is conducted in Turkey, where the buyer gives a special agency to one of the reliable and well-known real estate companies with the aim of conducting the real estate ownership transfer transaction after purchasing the property, as it is one of the transactions that takes some time and requires several procedures and requires full dedication, and this matter may be difficult sometimes for some clients, so the client turns to a legal agency for a reliable real estate company to process the real estate purchase transaction, from extracting the title deed, tax management and public utility companies (gas, water, electricity, internet).

In conclusion, a power of attorney is a valuable tool that facilitates various personal, commercial, and legal matters in Turkey. Therefore, understanding the different types of legal agency and knowing the procedures, limitations, and potential risks associated with a power of attorney is essential to ensure smooth and legal transactions. Seeking legal advice and selecting a trustworthy and responsible agent is crucial to protecting your interests during this process.