How to make a power of attorney correctly

Olga Nagornyuk
07.09.2015

How to make a power of attorney correctly

A power of attorney is a document confirming the right of one person (attorney) to act on behalf of the second person (trustee). Despite the fact that this paper is written in any form, there are a number of rules and recommendations telling how to create a power of attorney.

Types of powers of attorney

The following classification of powers of attorney is approved by law.

Single Power of Attorney

Gives authority to perform a single action. For example, a mother can trust her son to pick up the executed documents in the housing department, a colleague can charge her colleague to receive a salary in her absence, etc.

Special power of attorney

Confirms the authority of the person to perform repetitive actions. An example would be a power of attorney to drive a car or a power of attorney issued to the head of the advertising department for the right to issue authorizations for the installation of outdoor advertising structures on behalf of the company.

General Power of Attorney (General)

Gives the trustee the right to fully represent the interests of the principal.As an example, we will give the delegation of authority of any law firm to protect the interests of your company in the courts, when concluding contracts and in other matters.

 

An individual (inhabitant), located abroad, may issue a general power of attorney to his relative or friend for the right to dispose of real estate, and all transactions concluded by him will be considered eligible.

Power of attorney

The power of attorney may be issued with the right of delegation. What it is? Imagine an enterprise where only the general director has the right to sign - the owner ordered him to represent the interests of the founder in the business. However, one TOP-manager is not in a position to individually ensure the work of all departments, so he delegates his powers to the heads of departments, that is, he entrusts them.

 

If we talk about ordinary life, here you can give an example. Suppose the son went on vacation to another city, not having time to get a scholarship. He writes a power of attorney for his father, instructing him to get money for him, and gives him the right of substitution. If the father is forced to urgently go on a business trip, he has every right to delegate this matter to his wife, sister, brother - to any person of his choice.

How to make a power of attorney?

The power of attorney, during the drafting of which violations were committed, is considered invalid, and the actions committed on its basis are illegal. In order to avoid such misunderstandings, it is better to contact a lawyer for help. Without such an opportunity, listen to our recommendations on how to create a power of attorney.

 

1. Properly issue the “header” of the document: write the word “Power of Attorney” at the top center. Companies usually assign a document number, so it is more convenient to keep their records. It is not necessary for an individual to do this.

 

On the next line or through the line on the left, specify the place of drawing up the power of attorney (settlement), and symmetrically on the right - the date.

How to make a power of attorney, sample, step 1

2. Next, the document should include information about the principal: full name, passport data (series and number, by whom and when issued), as well as the address of registration. The legislation does not spell out clear requirements for this part of the power of attorney, but the absence of one of the listed elements can be regarded as a violation and the power of attorney will eventually be declared invalid.

How to make a power of attorney, sample, step 2

3. Be sure to include the details of the trustee, the same as in paragraph 2.Be careful: the employee, to whom this document will later fall into the hands, will meticulously verify it with the passport of the trustee, and the slightest discrepancy will arouse his suspicion.

How to make a power of attorney, sample, step 3

4. Take particular care with the next step - drawing up a list of powers with which you give your representative, and therefore do not limit yourself to the general wording, but try to specify it as much as possible.

How to make a power of attorney, sample, step 4

For example, you own a house located on a plot of land that you want to privatize. Since you do not have time to do this, you entrust it to your spouse.

 

In the power of attorney you should not just write: “I trust to draw up documents for the privatization of the land plot”, but to describe its powers as thoroughly as possible: “I trust to represent my interests related to obtaining permits and evaluation documentation for the land plot located at Zabelskaya 18, cadastral number number XXXX-XXXX, including submit, receive and sign on my behalf the documents related to the work on the assessment of the specified land plot and on its transfer to the private proper Five (privatization) ".

Drawing up power of attorney

Since you are transferring the right to sign, do not forget to add the phrase “sample signature of the trustee” at the end and ask the spouse to sign. Warn her: the signature must match the one in her passport, otherwise the power of attorney will be invalid.

 

It is especially important to observe this rule when you are deceiving someone to issue you a Schengen visa.

 

5. Indicate the term of validity of the power of attorney and sign it, thereby certifying the signature of the trustee (in our case, the spouse) and confirming his authority. The law does not limit your right to independently determine the period of validity of this document: you want to put a year, you want 20 years. But if you miss this moment, the document will be valid for a period stipulated by law: in Russia - 1 year; in Ukraine - 3 years.

How to make a power of attorney, sample, step 5

By following these recommendations, you can correctly draw up a power of attorney and provide your partner with the legal basis for protecting your interests.

When should a notarized power of attorney be certified?

Notarization of power of attorney is necessary in the following cases:

  • if, on its basis, actions are taken that require notarization, for example, the sale of a house;
  • when you transfer your rights;
  • when instructing a person to get your employment record;
  • when you trust someone the right to act on your behalf in the tax authorities or to receive for you information with an INN.

In any case, when compiling this document, ask the notary if certification is required.

 

And yet: not all actions can be entrusted to another person. For example, a biometric passport in the FMS and the OVIR will not be issued for it, so please check with the relevant service beforehand whether they accept the powers of attorney for consideration.

 

We have listed all the rules how to make a power of attorney. Good luck!


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  • How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly

    How to make a power of attorney correctly