What is Power of Attorney?
A Power of Attorney (POA) authorizes a person to represent or act on behalf of another person in legal matters. When you give someone power of attorney, it means that you agree that this person has full authorization to act on your behalf according to the law.
When you buy a property in Turkey, a real estate Power of Attorney for property can assist you with a variety of legal activities. For example, it saves the necessary but time-consuming travel for a title deed transfer.
How to Make Power of Attorney for Property
In Turkey, you can get a power of attorney from any notary office. It takes two hours to authorize a Power of Attorney. When obtaining a POA, the attorney does not need to be present. In some cases, you may require the proxy's ID information, your passport, and a photo.
Foreigners who do not speak Turkish must also have a notary office-registered sworn translation. Sworn translators will be at the notary offices within 15 minutes if requested. Each Turkish embassy and consulate serve as a notary in another country with an appointment.
The "Hague Apostille Convention" includes Turkey. If your country is a member of the convention, you can provide a POA to any local notary. Your estate agent may provide you with a template POA. Following the issuance of the POA, it must be apostilled at the appropriate authorities, such as the district governorate, municipality, and so on.
* Apostille is a document authentication system that allows a document to be legally used in another country by confirming its authenticity.
In Turkey, several POAs are only acceptable with pictures. Please request that your local notary attach your photo to this POA as required.
Tips When Giving Power of Attorney
• Bursa Homes advises using only licensed and accredited solicitors or experienced real estate agents when granting a power of attorney. It's also a good idea to offer POA for a limited time and solely for the powers that the attorney will need. We highly advise against issuing a generic POA with complete authority.
• A Power of Attorney for real estate transactions should only be granted authority to carry out relevant procedures. This usually includes the ability to purchase real estate on your behalf, as well as the ability to subscribe to electricity and water.
This way, the POA cannot infringe on your rights with authorization limited to the special power of attorney for real estate. You should always think twice before entrusting the power of sale to someone!
• When establishing a POA, Bursa Homes recommends property buyers leave the task to its specialists. The importance of professional guidance cannot be overstated. We offer our own template POAs for buying real estate in Turkey. It contains all the necessary authorities for a smooth transaction.
Our experienced team ensures that the process is safe and simple for you. We have been able to guarantee "Zero Failure" to our customers since 2004 because of our industry expertise. Take a look at our customer testimonials.
Q: What is a power of attorney?
A: A power of attorney (POA) is a legal document that authorizes a person (proxy) to act on behalf of another person (attorney) in the power of a notary. The proxy has the right to sign legal documents on behalf of the attorney, as well as make decisions concerning the attorney's property, finances, or medical care.
Q: What documents are needed to give a power of attorney?
A: You will need your original passport and translation, as well as your tax identification number and two passport photos (for some transactions).
Q: How to write power of attorney for property?
A: Your real estate agent can provide POA templates. You can also find a sample of Power of Attorney below.
Q: How can I appoint a power of attorney in Turkey?
A: After receiving the relevant paperwork, the officers prepare the POA for you at a notary office. The POA paperwork is translated by a notary office certified interpreter. You pay the expenses after signing the forms and then receive your receipts.
Q: Why do I need a translator to give a power of attorney in Turkey?
A: You will need a certified translator to explain the words in the documents before signing them because the paperwork is all prepared in Turkish.
Q: How much does it cost to give a power of attorney?
A: The cost is determined by what is written on the POA document. The notary office has set prices based on the number of word characters.
Q: Is it necessary for me to be in Turkey to grant a power of attorney?
A: No. There are two ways to grant a power of attorney abroad and they are:
• After making an appointment, you can proceed to your local Turkish Consulate to obtain a power of attorney. You can then mail to your proxy in Turkey.
• You go to a notary office in your country to get a power of attorney if you live in one of the countries that have an apostille agreement with Turkey. Then you take it to a component authority for an apostille (district governorate, municipality, etc.). The documents are sent to a notary office in Turkey for notarized translations after they are posted to Turkey.
You should be aware that some POAs are only valid if they include a photo. Therefore you should ask your local notary to include your photo in this POA as requested.
Q: To whom may I grant power of attorney in Turkey?
A: You can award a POA to anyone over the age of 18.
Q: Can minors under the age of 18 give a power of attorney in Turkey?
A: Children under the age of 18 can only give a POA with their parents' signed agreement.
Q: Is a photograph required for a power of attorney?
A: A picture is required for POAs that provide "selling power." Other types of POA do not require it.
Q: Can I give someone power of attorney to access my bank account and withdraw money?
A: Yes, you can use a power of attorney to conduct banking transactions.
Q: It is necessary to have a tax number when giving a POA. What happens if I sign a power of attorney while I'm not in Turkey?
A: Your passport number is used as a tax number when giving a POA from another country. The ability to obtain a tax number should be included in the POA. This way your proxy can obtain it on your behalf.
Q: How many attorneys can provide a proxy power of attorney?
A: The number of people who can provide POA to the same person is unlimited.
Q: What kind of transactions and services can a power of attorney handle?
A: A POA can be used to conduct any type of legal transaction. However, your proxy must be a lawyer if:
• You want your legal documents delivered to or received from the courts.
• You want to undertake any business with the immigration office.
A Sample Power of Attorney Document
An example of a Power of Attorney in Turkey is shown below. It permits Bursa Homes to purchase property in Turkey and obtain water and electricity on your behalf.
I, the undersigned representative of ANTALYA 13th NOTARY PUBLIC AHMET O.............., authorized signatory Head Clerk NAMIK DAVASCAN, was approached by (CUSTOMER NAME) while carrying out my duties at FENER MAH. BÜLENT ECEVİT BULVARI, NO: 70/A KURT APT., LARA / ANTALYA, who presented his / her (................... details of identification presented.........................), who verbally requested through a translator that a power of attorney be prepared.
As it was not possible to communicate with him/her, I selected the authorized translator of our notary public Ali V... V..., who I knew would be able to communicate with him/her to act as interpreter.
I learned through the interpreter that the relevant person possessed the required authority to undertake the said procedure, that he / she did not speak Turkish, but that he/she was literate. He/she made the following request through the said authorized translator, who I knew to possess the necessary skills, and evidence of whose identity was presented to me in the form of his identity documents.
PURCHASE OF PROPERTY: I do hereby appoint BAYRAM TEKÇE, holder of T.R. Identity No:..........., whose father's name is .........and mother's name is......., and who was born on ............in Kdz. Ereğli, as the qualified and authorized person to act on my behalf in the following matters:
To make the necessary applications to the various organizations and authorities in order to obtain the required permissions so that I may be able to purchase land and property within the boundaries of the Republic of Turkey.
To track all of the procedures I would need to track on this matter; to present and collect documents in person; to prepare and sign petitions; to request and collect any documentation to be prepared in my name on the above-stated matter; to pay all duties, and receive back any which have been overpaid.
To collect the necessary documents from the Land Registry and present them to the foreign nationals branch of the police in order to obtain a residence permit; to undertake the necessary written communication; to obtain a taxation number in my name; to purchase any land or property within the boundaries of any of the districts and villages of the province of ANTALYA, at any time he wishes, for whatever price, under whatever conditions, at whatever location, and from whosoever - whether it be private individuals or legal entities - he wishes.
To pay the purchase price; to accept any assignments to be made in the presence of the relevant land registry director or authorized officer; to sign the title book and records and all documents; to request registration; to collect the title deeds; to make arrangements for electricity, water, and natural gas to be connected to the property he is to purchase; to prepare and sign the contracts for these in the presence of the necessary authorities.
To make declarations and submit petitions; to protect my interests and rights with regard to this property; to send all types of warnings to third parties; to carry out all of the required legal and other procedures in connection with the above-stated matters, in the presence of all official organizations and authorities, and to sign them.
To give undertakings to the necessary authorities and organizations, that under the principles of reciprocity, the independent and permanent limited real rights over properties which I will procure within the boundaries of the Republic of Turkey will not exceed 2.5 (two and a half) hectares, and that should it be determined as otherwise, I unconditionally accept and undertake that the excess properties be sold in return for cash.
To prepare and sign any documents necessary in this respect; to obtain the necessary written permissions from the Ministry of Defence or the authorized military organizations, the Land Registry General Directorate and relevant Land Registry Directorates or the relevant organizations and authorities, in order that I may obtain property within Turkey; to undertake all of the necessary written communication, and to make and accept declarations."
The written statement has been read by the interpreter to the relevant party. The relevant person declared through the interpreter that what was written on the statement is in accordance with his / her wishes, and the statement has been signed by the relevant person, the authorized translator, and by myself. The twenty-first day of the month of February in the year two thousand and twelve 21.02.2012.
DECLARATION BY THE INTERPRETER: I have communicated the wishes of the relevant party who speaks ENGLISH to the notary public. I have translated the above statement written by the notary to the relevant party. He/she has stated that the above is in accordance with his / her true wishes. And I hereby declare that the relevant party has accepted this statement and signed it in my presence.
AUTHORISING PARTY: TRANSLATOR ALİ V..... T.R. No: ....................................
and YOUR NAME and SIGNATURE.