Power of Attorney

Power of Attorney (POA) is a legal document that gives a person the authority to represent or act on another person’s behalf in legal issues. When you issue a power of attorney to someone, it means within the law that “You may act on behalf of me for these powers”.

POA helps you with many legal transactions like a title deed conveyance when you buy a property in Turkey. However, Istanbul Homes advise giving a power of attorney only to registered and certified solicitors or professional real estate agents. To add, you should be careful about giving a POA for only the powers that your attorney needs for a limited time. We strongly advise you not to issue a general POA that contains full authority.

When you buy real estate in Turkey, your POA includes the authority to buy a property on your behalf and obtain electric and water connections. In this case, the POA has only the required powers, and so your proxy cannot violate your rights. You should always think twice when you give the authority of selling a property.

Istanbul Homes points out that professional guidance is a key factor when you give a POA, and so you should “leave the job to its experts”. Istanbul Homes has its own POA template that contains only the required powers for buying a property in Turkey. Our professional team makes this process secure and easy for you. Since 2004, we guarantee our customers “Zero Failure” thanks to our comprehensive experience in the market.

Giving a Power of Attorney

You can give a power of attorney to all notaries in Turkey. The process generally takes 2 hours. The attorney does not need to be present when issuing a POA. You might need the proxy's ID details, your passport, and your photo in some cases. Also, foreign buyers who do not speak Turkish need to have a sworn translator registered to the notary office. Turkish notaries have sworn translators who will come to the notary offices within 15 minutes when they are called. To add, each Turkish Embassy and Consulate act also as a notary abroad with an appointment.

Turkey is a part of "The Hague Apostille Convention". If you live in one of the countries that have the convention, you may go to any local notary to give a power of attorney. Your real estate agent may provide you a POA template that includes only the required powers. After issuing the POA, you need to apostille it at the competent authorities such as the district governorate, municipality, etc. You should note that some POA documents are only valid with photos in Turkey, so you ask your local notary to attach your photograph to your POA as demanded.

* Apostille is a document authentication system that allows a document to be legally used in another country by confirming its authenticity.

FAQ

Q: What is a power of attorney (POA)?
A: A power of attorney (POA) is a legal document that gives a person (proxy) the power to act on behalf of another person (attorney) under a notarial witness. The proxy has the authority to sign legal documents on behalf of the attorney for decisions that are related to his/her attorney’s property, finances, or medical care.

Q: What are the required documents to give a power of attorney?
A: Your original passport and its translation, tax number, and two passport photos (only for some transactions).

Q: How can I give a power of attorney in Turkey?
A: The officers prepare the POA for you at a notary office after receiving the required documents. A certified interpreter of the notary office translates the POA documents. After signing the documents, you pay the expenses and then get your receipts.

Q: Why do I need an interpreter to give a power of attorney in Turkey?
A: You must have a certified interpreter to explain the terms in the documents before the signatures since the papers are prepared only in the Turkish language.

Q: What is the cost of giving a power of attorney?
A: The officers calculate the cost after the POA document is ready since the notary office has certain prices according to the number of characters. So, the cost depends on what is written on the POA document.

Q: Do I have to be in Turkey if I want to give a power of attorney?
A: No. There are two ways of giving a power of attorney abroad which are;

• After making an appointment, you may go to the Turkish Consulate in your country to issue a power of attorney, and then you post it to your proxy in Turkey.
• If you live in one of the countries that have an apostille agreement with Turkey, you go to a notary office in your country to issue a power of attorney. Then, you take it to a component authority (district governorate, municipality, etc.) to make an apostille. After you post the documents to Turkey, they are sent to a notary office in Turkey for notarized translations. You should note that some POA’s are valid only with photos, and so you should ask your local notary to add your picture to this POA as demanded.

Q: Whom may I give a power of attorney to in Turkey?
A: You may give a power of attorney to any person, but the proxy should be over the age of 18.

Q: May the children under the age of 18 give a power of attorney in Turkey?
A: Children under the age of 18 can give a power of attorney only with the signed consent of their parents.

Q: Is it necessary to have a photo for power of attorney?
A: Yes. It is necessary for the POA that has selling power, but it is not compulsory for other types of power of attorneys.

Q: May I give a power of attorney to someone to withdraw money from my bank account?
A: Yes, you may do your bank transactions with a power of attorney.

Q: A tax number is necessary to give a power of attorney. How does this work if I give a power of attorney when I am not in Turkey?
A: The passport number is used as a tax number when you give a power of attorney from abroad. In such cases, you should add the power to get a tax number to the power of attorney. In this way, your proxy can get your tax number on your behalf.

Q: How many people can give a power of attorney to one person?
A: There is no limit to the number of people that can give a power of attorney to the same person.

Q: What kind of transactions and services can I do with a power of attorney?
A: Power of attorney gives a proxy the authority to do financial transactions, sign legal documents, or make health care decisions, but there are some exceptions which are;

• Your proxy must be a lawyer if you want your documents to be delivered to or received from the courts.
• Your proxy must be a lawyer if you make a transaction in the immigration office.

A Sample Power of Attorney Form

There is an example of a Power of Attorney in Turkey that authorizes Istanbul Homes to buy property in Turkey and get water and electric connection on your behalf below.

I, the undersigned representative of İSTANBUL 25th NOTARY PUBLIC FUAT B.............., authorized signatory Head Clerk YUSUF İZCİOĞLU, was approached by (CUSTOMER NAME) while carrying out my duties at AKŞEMSETTİN MAH. AKDENİZ CADDESİ, NO: 105/2 FATİH/ İSTANBUL, who presented his / her (................... details of identification presented.........................), who verbally requested through a translator that a power of attorney be prepared.

As it was not possible to communicate with him/her, I selected the authorized translator of our notary public CAN D..., who I knew would be able to communicate with him/her to act as interpreter.

I learned through the interpreter that the relevant person possessed the required authority to undertake the said procedure, that he/she did not speak Turkish, but that he/she was literate. He/she made the following request through the said authorized translator, who I knew to possess the necessary skills, and evidence of whose identity was presented to me in the form of his identity documents.

PURCHASE OF PROPERTY: I do hereby appoint GÖKHAN ÇOLAK, holder of T.R. Identity No:..........., whose father's name is .........and mother's name is......., and who was born on ............in İstanbul, as the qualified and authorized person to act on my behalf in the following matters:

To make the necessary applications to the various organizations and authorities in order to obtain the required permissions so that I may be able to purchase land and property within the boundaries of the Republic of Turkey.

To track all of the procedures I would need to track on this matter; to present and collect documents in person; to prepare and sign petitions; to request and collect any documentation to be prepared in my name on the above-stated matter; to pay all duties, and receive back any which have been overpaid.

To collect the necessary documents from the Land Registry and present them to the foreign nationals branch of the police in order to obtain a residency permit; to undertake the necessary written communication; to obtain a taxation number in my name; to purchase any land or property within the boundaries of any of the districts and villages of the province of İSTANBUL, at any time he wishes, for whatever price, under whatever conditions, at whatever location, and from whosoever - whether it be private individuals or legal entities - he wishes.

To pay the purchase price; to accept any assignments to be made in the presence of the relevant land registry director or authorized officer; to sign the title book and records and all documents; to request registration; to collect the title deeds; to make arrangements for electricity, water, and natural gas to be connected to the property he is to purchase; to prepare and sign the contracts for these in the presence of the necessary authorities.

To make declarations and submit petitions; to protect my interests and rights with regard to this property; to send all types of warnings to third parties; to carry out all of the required legal and other procedures in connection with the above-stated matters, in the presence of all official organizations and authorities, and to sign them.

To give undertakings to the necessary authorities and organizations, that under the principles of reciprocity, the independent and permanent limited real rights over properties which I will procure within the boundaries of the Republic of Turkey will not exceed 2.5 (two and a half) hectares, and that should it be determined as otherwise, I unconditionally accept and undertake that the excess properties be sold in return for cash.

To prepare and sign any documents necessary in this respect; to obtain the necessary written permissions from the Ministry of Defence or the authorized military organizations, the Land Registry General Directorate and relevant Land Registry Directorates or the relevant organizations and authorities, in order that I may obtain property within Turkey; to undertake all of the necessary written communication, and to make and accept declarations."

The written statement has been read by the interpreter to the relevant party. The relevant person declared through the interpreter that what was written on the statement is in accordance with him/her wishes, and the statement has been signed by the relevant person, the authorized translator, and by myself. The twenty-first day of the month of February in the year two thousand and twelve 21.02.2012.

DECLARATION BY THE INTERPRETER: I have communicated the wishes of the relevant party who speaks ENGLISH to the notary public. I have translated the above statement written by the notary to the relevant party. He/she has stated that the above is in accordance with him/her true wishes. And I hereby declare that the relevant party has accepted this statement and signed it in my presence.

AUTHORISING PARTY: TRANSLATOR CAN D..... T.R. No: ....................................

and YOUR NAME and SIGNATURE.