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  1. Please help! Under what provision of turkish law is it said that the power of attorney should be made before the notary public?
  2. I would like to start by saying hello to all. I hope everything is OK and that you are doing well. Before you read this week’s article, I would like to briefly introduce myself. I’m a practicing attorney-at-law, registered with the Muğla Bar Association. I graduated from the Law Faculty of Selçuk University. I’ve worked for a Law Firm in Izmir and Fethiye to gain experience in many fields of law. I visited London, where I studied for an English Language Course and I returned to Fethiye, my place of birth, just two months ago. I’ve lived here all my life except for my education, and that’s why I am very knowledgeable about my town and its various problems, both general and legal. If you’re living here or visiting here from time to time, please do not hesitate to share your problems with me. Land of Lights’ readers will be able to ask me their questions and share their problems and queries. I will, as much as I can, try to make your life in Fethiye run more smoothly. As a lawyer, I intend to inform you about various legal matters with my weekly articles. For the first weeks I will choose the topics but I’m hope to make this corner flourish with your questions, queries, views and suggestions. Let’s write together! My e-Mail and my website address are at the end of this article. My website should be on line within the next few days. I’d like to introduce this series of articles with a simple explanation of what a Power Of Attorney (POA) entails, a subject about which I receive many enquiries. There are a couple of ways to make a POA under Turkish Law. The first and easier way is to grant POA in Turkey: under Turkish Law, only Turkish Public Notaries (NOTER) are authorized to issue POA in Turkey. The person(s) is legally obliged to grant the power personally, and must appear before the notary in the notary’s office. In some exceptional cases, such as if the person is in prison or hospital, then the notary can visit the person to obtain his or her signatures and consent. The second way is to grant a POA in your home country as long as your country is a party to the international treaty regarding notary matters and legalization. Most countries have ratified this treaty regarding so there should be no problem in most cases. Therefore it is also possible to grant a POA abroad. A POA issued abroad can be issued in either of two ways: A. The first way is through a Turkish diplomatic mission’s consular section in your country. Under this option, you simply visit the Turkish Consulate and The Consul will take your details and requirements to enable them to draft a POA. The wording of the POA document is really very important. A missing world might result in the POA being invalidated. Please try to obtain all the accurate information from your lawyer when you are conducting a POA abroad. Sometimes I’ve seen how some consular sections do not accept the person giving the POA using their own word. This own word sometimes chances and creates invalidity of the POA. This situation may happen and could lose you time and money. That’s why I stress the importance of being aware! B. The second way of granting POA while abroad is making it through a public notary in the foreign country. Under this option, The POA should be “APOSTILLED”. This is a similar process of getting it notarized. It’s similar to notarizing a notarized document but this is how it works. The way, I mean “APOSTILLE” process is a requirement of THE HAGUE CONVENTION ABOLISHING THE REQUIREMENT (Apostille Convention) for legalization for foreign nationals. Just make sure you are in one of the signatory countries! Sometimes legal matters and bureaucracy can be very confusing and difficult to understand, even for Turkish citizens. So, please do not hesitate to share your questions, problems, queries and suggestions with me, for the benefit of you and everybody who follows this corner. I want to make sure this corner a real success. I’m looking forward to seeing you in two weeks. Warmest regards Av. Nilay METERİZ ÖZER Source: Land of Lights
  3. We are all capable of doing something foolish from time to time, or making a wrong decision, and then we have to find a way to reverse them. This week I will be looking at how you can revoke a Power of Attorney, or POA given to a individual, lay person or a lawyer, acting as your proxy. In some cases a power of attorney can be so broad that it gives the person the power to handle everything on you behalf. This is all well and good under some circumstances, but can you imagine what could happen if you have a conflict with the person to whom you have given these powers? If they have a power of attorney enabling them even to sell your house at their sole discretion, at any price, to anyone they find to be appropriate, it could be utterly disastrous for you. So, what can you do if you want to cancel this power of attorney? What should you do? What will happen if they sell your house behind your back, thereby abusing this power of attorney? Obviously, this person can sell your house quite openly because you gave this power to them. In the event that they abuse this power and sell your house then you can take legal action against them for your loss both in criminal and civil court. The person who granted a power of attorney can always revoke and withdraw this power of attorney. You are not required to show any reason for such a revocation process, your wish to do so if sufficient. First, this is not a do-it-yourself type of thing, and I would recommend you find a local lawyer. However, I can say that, basically, you should apply to a public notary and declare that you want to revoke the power of attorney earlier granted. The public notary will listen to you through a sworn translator (not all sworn translators make correct and satisfactory translation, please make sure that you have a good one) and take the minutes of what you say. What you say must include: your clear intention to revoke the power of attorney you gave earlier; the name of the person who holds the power of attorney you are revoking; the address of this person. It would be a good idea to provide a copy of the power of attorney so that the public notary can include all the details in this document. Second, I want to give you some advice for your future transactions. Another way of revoking a power of attorney is to limit it with a deadline, and the power of attorney shall become automatically invalid through expiry. Such a limitation shall save your money and time, as you don’t have to send a notification in order to revoke a power of attorney. I should also mention at this stage the disadvantage of specifying an expiry date on a power of attorney. It could be that this expiry period is shorter than the period required to complete the transaction in which you are involved and for that reason alone you should be careful to state exactly what you mean and how long you anticipate the transaction will take. Please feel free to share your questions/problems about this and other issues. I’m waiting for your e-mails… Happy Christmas.. Nilay METERİZ ÖZER Source: Land of Lights
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