When to withdraw your power of attorneys ?
To issue a power of attorney to a 3rd party is a quite usual thing in Turkey. This is used when buying or selling cars, real estate or dealing with lawyers and accountants.
In the Alanya area alone, there are almost ten public notaries, so to issue a power of attorney is an easy and well-known process.
But what about withdrawing a power of attorney when it is no longer needed? How do you do that, and is it necessary at all?
So let's take the easy part first...
This is how you do it:
To withdraw a power of attorney, you need to visit a notaries office. It does not have to be the notary where the power of attorney was issued.
You should bring your ID and a copy of the power of attorney that you want to cancel, or know the date it was issued and the reference number.
Unfortunately, withdrawing a power of attorney is not free and will cost you almost the same as the price of issuing a new one.
Is it necessary to withdraw your power of attorneys?
As always, the short answer in Turkey is: Yes, no, maybe....
First of all, it is uncommon that power of attorneys are withdrawn in Turkey. This probably has a lot to do with the cost of withdrawing, but also that if the initial power of attorney is issued correctly, there is no need to withdraw it once it is not needed any longer.
Example: withdrawal is not needed
You issue a power of attorney to a car dealership to sell your car. In the power of attorney, the car is identified with the registration number and your personal ID.
So the car dealer can only sell that specific car when it is in your name, and once the car is sold, there is no need to withdraw the power of attorney.
Example: withdrawal is not needed
Same example can be given with the sale of a property. In this case the property is identified with the land registry number, so the estate agent can only sell that specific property when it is registered in your name.
And most importantly, the estate agent can not sell any other of your properties.
But if you have given any kind of non-limited power of attorney to a 3rd party, then we recommend withdrawing it immediately.
Example: withdrawal needed
If you have given a power of attorney to sell your property and it is not limited to that specific property that you are selling, you should immediately withdraw the power of attorney.
Not only will the attornee (the person to whom you give the power of attorney) be able to sell ANY of your current or future properties in Turkey. But the power of attorney can also be used to commit fraud in your name without you knowing about it.
This example goes for everything that is related to the sale of your value, no matter if it is property, a car or something else.
Unless it is specifically mentioned in the power of attorney what can be sold, it should be withdrawn immediately and without hesitation.
Example: withdrawal to be considered
If the power of attorney generally speaking is made correct and can not be abused, there can still be a few reasons to withdraw it.
This would mainly be if you for some reason do not trust the attornee anymore, or just want to have the peace of mind of knowing that no one can act on your behalf what so ever.
To sum up, it is crucial that the power of attorney is done correctly and with the limitations that make it impossible to abuse.
Once that is done, there is no need to be overly concerned, and in most cases, it is not necessary to withdraw a power of attorney even after it has been used and no longer serves its purpose.
Should you have any questions or maybe a power of attorney that you want to be checked? Then just contact us; we are always ready to help and assist.
Thank you for reading!
