Powers of Attorney at the Notary

What Is a Power of Attorney in Turkey, and What Does It Mean?

A power of attorney is a legal document and authorization by which a person, entity, or several persons (the agent/wakil) are granted the right to act, sell, or purchase on behalf of a person, entity, or several persons (the principal/muwakkil). The agent can be granted broad or specific powers, which must be stated in detail and precisely in the text of the power of attorney. A power of attorney is used in cases of illness, incapacity, being occupied, or the principal not wishing to appear in person to carry out the transactions explicitly stated in the power of attorney. The power of attorney is drawn up at the offices of the notary (kâtip bi'l-adl/noter) within the territory of the Republic of Turkey, or at Turkish embassies and consulates abroad, at their notary department. Among the most commonly used powers of attorney is the power of attorney for purchasing real estate, which is granted to trustworthy and credible real estate companies, or to individuals — whether ordinary people or lawyers — to carry out title deed (tapu) ownership transfer procedures and handle the related transactions, from electricity, water, internet, and natural gas services, to dealing with municipalities and the title deed/housing directorates when needed.

-Types of Powers of Attorney in Turkey

There are many types of powers of attorney in Turkey, varying according to their purpose and the powers the principal wishes to grant to the agent. We will mention the most commonly used and widespread ones:

1-Special/Limited Power of Attorney: This specifies the powers that will be granted to the agent and the offices where this power of attorney can be used — for example, a power of attorney to transfer property ownership to the name of a specific person. A specific validity period can be set, for example one month, and where it can be used can also be specified, for example the Fatih Title Deed Directorate. This power of attorney ends once it has been used, or once the specified one-month validity period has expired.

2-General Litigation Power of Attorney: This is a power of attorney that authorizes the legal representative or lawyer to file lawsuits and pursue them on behalf of the principal. The power of attorney may also include the authority to sign on behalf of the principal, and to hand over and receive financial amounts. These powers of attorney are drawn up because the person is a foreigner who is unfamiliar with the laws and unable to follow up on procedures, or does not have the time to follow up on procedures. Caution must be exercised when granting this type of power of attorney — the person must be highly trustworthy and credible, because unfortunately, many cases of fraud sometimes occur under this type of power of attorney.

3-Powers of Attorney Without an End Date: These are granted to individuals or entities such as companies without specifying an end date, unless the power of attorney is revoked and cancelled. We also stress the necessity of granting this kind of power of attorney only to trustworthy people of high credibility. This type most often includes powers of attorney for managing real property in terms of leasing and administration.

4-Conditional Power of Attorney, or One Linked to a Specific Condition: This is roughly an ordinary power of attorney, but it becomes effective only upon a specific condition, which could be incapacity or death. It resembles a will to some extent but is not a will — for example, handling movable and immovable assets in a specific country or in Turkey, once the condition previously stated in it has been fulfilled. We also stress the necessity that the representative be extremely trustworthy and chosen carefully.

-Requirements and Conditions for Carrying Out Powers of Attorney in the Republic of Turkey:

1-The person must have reached the age of eighteen (if the principal is a minor, their guardians — the father and mother — can carry out the power of attorney on their behalf). 2-They must hold a foreign passport valid for at least 3 months, or, for a Turkish citizen, the Turkish national ID card, or a temporary protection Kimlik from the same city where the power of attorney is being carried out — meaning an Istanbul Kimlik with the notary being in Istanbul, or a Kimlik from a different province along with a travel permission to the province where the power of attorney is being carried out. 3-The foreigner must have a translated copy that is duly certified at the notary. 4-Some powers of attorney require recent personal photos with a white background, especially those related to real estate, whether for sale, purchase, or management. 5-If the foreigner does not hold a valid residence permit in Turkey, carrying out the power of attorney requires a tax number issued by the tax office. 6-If the person is elderly, over 65, or suffers from an incurable illness, a medical report is required exclusively from a government hospital to assess their mental state. If they are close to 65, the notary has the right to ask them several questions to confirm their mental state. 7-If the foreign national does not speak Turkish well, they will need a sworn legal translator exclusively.

+Hallak Turkey Services Company has years of experience in sworn and legal translation. We provide you with all the facilitation and procedures needed at the notary offices in Turkey.

How to Carry Out a Power of Attorney in Turkey:

You go to the notary, known as noter, in Turkey without needing a prior appointment (keep in mind that the required procedure may take longer than usual depending on the number of transactions and the capacity of the notary). Foreigners who do not speak Turkish will need a sworn legal translator to translate documents such as the passport into Turkish, and to orally translate the content of the power of attorney before signing it.

Some powers of attorney require the presence of both parties, the agent and the principal, while for others the presence of the principal alone is sufficient, without needing the agent — just a copy of the agent's national ID card if they are a Turkish citizen, or their information if they are a lawyer, or a copy of their passport and residence permit if they are a foreigner residing in Turkey.

Hallak Turkey Services Company advises you to prepare a draft of the power of attorney in your native language, stating the important points that need to be included and the points that should not be added, in order to facilitate the procedures at the notary. You must pay close attention to the clauses stated in the power of attorney, because it is a legal document that is relied upon, and there is no other legal alternative in Turkey to a legal power of attorney.

If the principal is an individual, the notary has the right to verify the person's documents and confirm their identity. If the principal is an entity, such as a company, the notary will request documents proving that the person is the legal representative of the company and has the right to carry out the required procedure.

How to Carry Out a Power of Attorney for Use Inside Turkey, for Expatriates Living Outside It:

There are three ways to carry out a power of attorney that is valid inside Turkey:

1-Visiting the Turkish diplomatic missions, whether an embassy or consulate, in the country of residence, going to the notary department, and carrying out the power of attorney directly there. This is the best, simplest, and least costly method.

2-Countries within the Apostille Convention: Going to the notary's office, or its equivalent, in the country of residence, carrying out the required power of attorney, then having it apostilled and sent to Turkey.

3-Countries Outside the Apostille Convention: The power of attorney is carried out at the offices responsible for it — a notary, a real estate registry office, or its equivalent, depending on the country and the specific title used there. It is then certified by the Ministry of Justice, followed by the Ministry of Foreign Affairs. It is then translated into Turkish and certified by the Turkish embassy in that country.

+Hallak Turkey Services Company

Your gateway to a complete world of services in one place. We, Hallak Turkey, offer all services related to sworn and legal translation and carrying out all notary procedures. With a long track record in services and translation since 2014, we are honored to provide you with outstanding service — quality and credibility are always our motto.