Thursday, June 20, 2024

When and how to cancel a power of attorney ?


In Turkey issuing a power of attorney is very common and used for a variety of situations such as purchasing or selling a property or car, to have a lawyer or accountant represent you or other circumstances where you need or want a 3rd party to represent you.

Issuing a power of attorney is easy and fast with many authorized notary offices in every city. 

But what about recalling and cancelling a power of attorney? How is that done and most importantly, when should it be done?

Lets take a look at this...

Generally speaking only a very small fractions of all issued power of attorneys in Turkey are being recalled since they do not pose a risk to the principal.

As an example you can provide your car dealer with a power of attorney, so that the car dealer can transfer the ownership of the car to your name and issue the license plates.

The risk that the car dealer will abuse this power of attorney by purchasing additional cars in your name is probably very low since that would make your the owner of cars for which you have not paid.

However, in some situations recalling a power of attornee is recommended.

- In case you do no longer cooperate with the attornee and the power of attorney poses a risk to you. 

This could be in case you have given a real estate agent the power of attorney to sell your property, but you do no longer work or cooperate with the estate agent.

- In case you feel that the attornee for what ever reason is no longer trustable and taking care of your interests.

- If you like everything to be clear and trouble free. Then cancel any kind of power of attorney after it becomes obsolite no matter the type or who the attornee is.

Recalling a power of attorney must be done at the same notary where it was issued. 

Recently a digital system has been implemented and an overview your newly issued power of attorneys can be found online.

But only for those with a Turkish ID number and access to the E-Devlet platform.

For older power of attorneys there is no digital tracking system, so you would need to show a copy of the power of attorney to the notary. 

Should you have any questions related to when and how to recall a power of attorney then do not hesitate to contact us.

Remember that it is better to be safe than sorry :-)