There are a couple of ways to make a POA under Turkish Law. The first and easiest way is to grant POA in Turkey, under Turkish Law, only Turkish Public Notaries (NOTER) are authorized to issue POA in Turkey. It is a must that the person(s) granting power personally appear before the notary and in the notary’s office. In some exceptional cases such as if the person is in prison or in hospital then the notary can visit the person and obtain his signatures and consent.
The second way is to grant POA in your home country as long as your country is a party to the international treaty regarding notary matters and legalization. Most countries have ratified this treaty regarding so there should be no problem in most cases. Therefore it is also possible to grant a POA abroad.
A POA can be done in a couple of ways abroad.
- The first way is through a Turkish diplomatic mission’s consular section in your country. Under this option, you simply visit the Turkish Consulate and The Consulate will listen about what you are request and draft a POA. The wording of the POA document is really very important. A missing world might completely result in the invalidity of the POA. Please try to obtain information from your lawyer when you are conducting a POA abroad. Sometimes I’ve seen how some consular sections do not accept the person giving the POA using their own word. This own word sometimes chances and creates invalidity of the POA. This situation may happen losing time and money. That’s why we recommend to you being aware!
- The second way of granting POA while abroad is making it through a public notary the foreign country. Under this option, The POA should be “APOSTİLLED” .This is a similar process of getting it notarized. It’s similar to notarizing a notarized document but this is how it works. The way, I mean “APOSTİLLE” process is a requirement of THE HAGUE CONVENTİON ABOLİSHİNG THE REQUİREMENT (Apostille Convention) for legalization for foreign public. Just make sure you are one of the signatory countries or not!
- Sometimes legal matters and bureaucracy are quite confusing and tough to understand even for Turkish citizens.
|
