For many foreign property owners, arranging a Power of Attorney in Turkey from abroad can make dealing with legal matters considerably easier, particularly if you live in the UK or another country.
Whether you need to sell your property, transfer ownership following an inheritance or complete other legal formalities, many overseas owners assume they will need to travel back to Turkey.
Fortunately, that is not always the case.
In many situations, it may be possible for a lawyer to act on your behalf using a Power of Attorney. This can save considerable time, expense and inconvenience, particularly where several legal procedures need to be completed.
However, whether a Power of Attorney is appropriate will depend on the nature of the legal matter and your individual circumstances.
This guide explains how a Power of Attorney generally works in Turkey, when it may be suitable, and why obtaining legal advice at an early stage can often make the process considerably easier.
What Is a Power of Attorney?
A Power of Attorney is a legal document that allows you to authorise another person to act on your behalf.
In Turkey, Foreign property owners commonly use Powers of Attorney when they cannot easily travel to Turkey but need help with legal or administrative matters.
Rather than making several trips to attend appointments in person, you may be able to authorise your lawyer to complete specific legal procedures on your behalf.
The exact authority granted depends entirely on the wording of the document and your individual circumstances.
When Might a Power of Attorney Be Useful?
A Power of Attorney can often be used for a wide range of legal matters involving property in Turkey.
Examples include:
- buying or selling property;
- completing title deed transfers;
- dealing with inheritance procedures;
- registering inherited property at the Land Registry;
- signing legal documents connected with a transaction;
- representing you before government authorities where appropriate;
- handling certain banking or administrative procedures relating to your property.
Every situation is different, so your Power of Attorney should only grant the authority needed for its intended purpose.
Can I Arrange a Power of Attorney in Turkey from Abroad?
Many overseas property owners are surprised to learn that it is often possible to arrange a Power of Attorney without travelling to Turkey.
If you live abroad, you will need to follow the appropriate procedure to prepare and validate the Power of Attorney for use in Turkey.
Depending on your country of residence, this may involve notarisation, an apostille or consular legalisation, together with a certified Turkish translation where required. The exact requirements vary depending on your circumstances and the purpose for which the document will be used.
Obtaining legal advice before preparing the document can help ensure the correct procedure is followed from the outset and reduce the risk of unnecessary delays later.
What Information Will My Lawyer Usually Need?
Before a Power of Attorney is prepared, your lawyer will normally need information about the legal matter involved, together with your identification details and a clear understanding of the authority that needs to be granted.
Preparing the document correctly at the beginning is often far simpler than correcting mistakes once it has been signed.
Does a Power of Attorney Give My Lawyer Unlimited Authority?
This is one of the most common concerns raised by overseas clients.
The answer is generally no.
A Power of Attorney does not have to give unlimited authority. It can often be drafted so that it only allows your lawyer to carry out specific legal tasks.
For example, it may be limited to:
- transferring ownership of inherited property;
- completing a property sale;
- signing documents connected with a particular transaction;
- dealing with a specific court or administrative procedure.
Limiting the authority to what is actually required can provide reassurance while ensuring that the necessary legal work can still be completed efficiently.
Can a Power of Attorney Be Cancelled?
In many situations, a Power of Attorney may be revoked if it is no longer required.
The procedure will depend on your circumstances and whether your lawyer has already used the authority granted.
If you are considering revoking a Power of Attorney, it is advisable to obtain legal advice to ensure the appropriate legal procedures are followed.
Common Mistakes That Can Cause Delays
Many delays occur not because the legal work is particularly complicated, but because the documentation has not been prepared correctly.
Common issues include:
- preparing the wrong type of Power of Attorney;
- granting authority that is either too limited or unnecessarily broad;
- documents that require legalisation or an apostille;
- translation requirements not being completed correctly;
- attempting to prepare documents without obtaining legal advice first.
In many cases, correcting these issues after the document has been signed can take considerably longer than preparing the documentation correctly from the outset.
Identifying these issues early can often save considerable time, expense and frustration.
How Burcu Yılmaz Law Office Can Help
Burcu Yılmaz Law Office regularly assists Turkish and international clients who need legal matters handled while living overseas.
Whether you require assistance with buying or selling property, inheritance procedures, title deed transfers or arranging a Power of Attorney in Turkey from abroad, obtaining legal advice at an early stage can help ensure the correct procedures are followed and avoid unnecessary delays.
If you own property in Turkey and would like advice tailored to your individual circumstances, Burcu Yılmaz Law Office would be pleased to assist.
Further Information
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