Power of Attorney. What do I need this for?
Whenever I cannot be present at a particular venue at a particular time, say time to conclude the deal I want, to take an official document or to receive payment, I can authorize somebody else to do these things on my behalf and at my expense. By making power of attorney, as a grantor, I can authorize a person, who I trust, to represent me in a way that their actions would give rise to legal consequences for me. Through the power of attorney I grant representative power to my proxy, which means that I grant them the right to represent me and to perform actions on my behalf.
1.What is a ‘power of attorney’ and what do I need it for?
The letter of attorney is necessary for the performance of legal actions (e.g. contract for the sale of a vehicle) and sometimes for the performance of factual ones, which themselves are also accompanied by legal actions (e.g. to hand the keys of the sold vehicle, right after selling it).
Which actions are legal and accordingly lawful?
Legal are all actions, regulated by a law, and for which is required capacity – majority. All legal actions cause particular consequences for their author, for their addressees, and for third parties as well.
The consequences of the performed legal actions through the power of attorney by the proxy, are caused to me, i.e. the actions are considered to be performed by the person, who had given authority for them.
My proxy has the right to perform only lawful actions, i.e. actions which are not contrary to the law, to good manners and to my will as a grantor.
What are the requirements towards me as a grantor?
- I must have capacity – I must be major and must not be under full injunction
- In case I am a minor (I have turned 14 years, but I have not turned 18 years yet), for authorization I will need the consent of my parent.
- In case I am under limited injunction, the consent of my guardian is necessary for my authorization (coming soon: “ Representation under limited and full injunction).
- In case I have turned 16 years and I have contracted a civil marriage after given the permission from the civil court, the law treats me as a major, with some exceptions (coming soon: “My right to contract a marriage before majority”).
- I must myself have the right to perform the legal actions, which I will make power of attorney for, i.e. I cannot authorize someone to perform an action which I myself do not have the right for. My proxy cannot have rights which I do not have. In case I am the representor of a legal entity, I must have representative power for those deals, I will make power of attorney for.
What are the requirements towards my proxy, the person who will perform on my behalf and at my expense the legal actions?
- To be a major and not to be under injunction (coming soon: “Representation under limited and full injunction”).
- To meet the specific requirements of the law, if there are any. There are requirements for procedural legal actions in court proceedings – for these purposes the procedural representor must be:
- a lawyer;
- a jurisconsult or another servant with legal education in the institutions, departments, legal entities and of the sole trader;
- my parent/my child, my grandchild (as long as they have reached majority) or my spouse.
- The legal entities are represented before the courts by the persons, who represented them by virtue of the law or by virtue of their inner regulations, and when there is no rule of representation in the inner regulations of the legal entity, the legal entity is represented by two persons of its management.
State institutions are represented by their leaders in accordance with their own structural rules.
Municipalities are represented by the mayors.
Attention! I must have complete confidence in the person I authorize, especially when I make general power of attorney and I grant them broad representative power.
Also see: Termination of Power of Attorney and What to be careful for when giving power of attorney
(*) This article aims to outline some of your main rights while it has no claims on being a legal advisor. If you have any difficulties with the execution of these main rights or your case is more complicated, we advise you to consult a legal expert (*)
*This article is from our rubric “Suggest Right”
[tippy title=”SOURCES” height=”300″ width=”450″]
§ Obligations and Contracts Act