How to issue a power of attorney: important aspects, terms, classification, termination of power of attorney

In this topic, we will talk about the subtleties in the design of the power of attorney.

Life is full of sudden surprises. Therefore, it is necessary to understand the general intricacies of jurisprudence in order to be familiar with the legal statuses of the country's inhabitants. Paper affairs deliver special red tape, and even legally. Therefore, in this topic we want to reveal the basic basics when applying for a power of attorney.

Important aspects when applying for a power of attorney

• Power of attorney - This is a written original that allows representatives or principals(who receives authority) to perform legal actions on behalf of principal or represented (whoever gives the authority).
• Representativesonly act:
  • adult;
  • capable individuals;
  • and official organizations.
• They can conclude agreements with third parties only with benefit for the principal. The exception is commercial representations.
• Citizens resort to the help of the trusted person who cannot personally realize their legal privileges. There are many reasons for this: poor health conditions, moving to another city, ordinary laziness or permanent employment.
• When issuing a unilateral legal letter, the presence of a trustee is not necessary. Enough of his personal information: name, surname, address of residence and passport data. At any time, the Commissioner may abandon the right or not accept the conditions for signing the document.

Important: in cases of untimely notification of the relevant authorities on the cancellation of the transaction, all responsibility for the actions of the representative under the trust agreement remain on the principal.

Characteristic of a document or how to draw up a power of attorney

Basically, legal documentation is created in print on a computer or is written by hand . Oral expressing the principal has no legal force.

The details of the usual form of attorney include:

• note with the date of compilation, Without which it is impossible to determine the expiration of the transaction. In the ordinary text, it is indicated by the number, in notarial documents - in words;
• facial tinkle, that gives the power of attorney;
• general information About the representative and the trust. Most often, these are a name, date of birth and passport data. But the absence of passport ciphers does not cancel the power of attorney. Also, an address of residence can be presented sometimes.

It may also be required:

• territorial location of the place of compilation;
• the term of the power of attorney;
• plenipotentiary rights of a trustee.

1. When the principal is illiterate or suffers from a strong physical deficiency resort to the help of a specialist (handler), which helps to execute the transaction.
2. A fully painted point from the authority of the representative will help to avoid in the future of litigation. Especially if it concerns real estate transactions.
3. In a detailed description of the subject of the transaction, it is recommended Indicate specific instructions for the representative.For example, selling a dwelling only at a price, which is not lower than the market value. The principal is also allowed to localize the representative in the list of transactions, establish restrictions on the amount of the contract.

Important: earlier a power of attorney required the obligatory availability of printing, especially for legal entities. Now this item has been removed, and the power of attorney is considered valid even without a stamp. But entrepreneurs and other figures should still use their seals or specify all aspects between two sides preliminarily.

The deadline for the executed power of attorney

• For legislation A power of attorney without indicating the deadline is valid for one year.
• The usual legal period of its duration was accrued earlier than three years. But now its validity can be unlimited.
• A genuine and notarized power of attorney abroad without specifying the term will also be considered until the issuing person cancel the document.

Important: if there is no date for drawing up a contract, then the authorized letter is not really.

Classification when registering a power of attorney

Samples of unilateral transactions vary significantly with each other. Their variety depends on the number of attorneys, principals, volume of powers, term and form.

If we take into account the boundaries of the representative of the representative, the power of attorney is divided into:

• special documents, which provide a number of similar measures for a certain time. For example, overtake or register the car, dispose of the contribution;
• one -time, that are drawn up for one specific act. For example, the privatization of the apartment, receipt of the necessary documents;
• general powers They are issued for transactions of different planes. They apply to all property of the principal.

Unilateral power of attorney is documents where one attorney and one principal. Two or more interested parties are found in multilateral transactions.

Notarial papers

Cases of a mandatory visit to a notary office for registering a power of attorney are spelled out in the law of the Federation. Examples of some transactions requiring a notary certificate are samples regarding the purchase and sales of apartments, mortgage agreements, marital unions, documents on a coordinated amount of alimony, and collateral contracts.

Written power of attorney

The transfer of powers without interventions of a notarial person occurs according to a normal scheme. With the help of a power of attorney written. It is not entirely reasonable to turn to a notary, so that grandmother can calmly take her grandchildren from the kindergarten. For this, there is enough written confirmation from one of the parents.

Documents that are placed on one shelf with notarial include:

• power of attorney of military personnel, that are under prolonged treatment in medical institutions. Evidence of authenticity is the signature of the chief doctor;
• papers persons who are in places of imprisonment, testified by the head of the institution;
• forms of capable individuals that turned out to be Among the socially protected residents of the state. Such documents have legal force due to the confirmation of proper social services.

Important: the contract is issued from the consent of the leadership and approved by the signature of the chief if the principal is a legal entity. The power of attorney is also confirmed by the autograph of the chief accountant, when property values \u200b\u200band municipal property are taken as the basis of the document.

Authority to make a power of attorney for a child

The form of power of attorney will be needed when a child without parents will be needed. But with accompanied faces: grandparents, aunt, nanny.

• The paper indicates the complete names of the parents, their data from the passport, the information of the persons that go with the children on a trip or on vacation, as well as the number of certificates of a minor.
• Without fail, it is necessary to prescribe how much a child will not be in the country and where he is sent.
• And most importantly - the date of the agreement, the signature of the principal.

Processing the proxy for a pension

• This case is qualified as a result of labor relations. According to the norms of the Civil Code, a power of attorney to receive assistance to non -working pensioners Requires notarial assurances.
• People who receive a social pension need to contact the nearest branch of the Pension Fund.

Important: no communal organizations, bank branches have the right to certify such appeals of the principal. The innovations also affected the wages. It is impossible to certify it in Zhek or Des, now they do not have these powers.

Registration of a power of attorney to banking institutions

• Any banking operations are not permissible without the signature of the user to establish and confidential personality. The process of registering a power of attorney to the bank is simple.
• To do this, the principal will need a credit institution, a passport and a suitable form form. It needs to be obtained already in every bank, since there is no standard model.
• In the letter, in addition to the details, it is necessary to indicate that the proxy can perform a trustee for the operations.
• And also do not forget to note what the largest and smallest bag can be removed or put on the account.

Do I need to draw up a power of attorney for a car?

• Since 2012, new powers have been introduced that the driver, including the trust, fit into the rights themselves. And the traffic police officer has no right to demand.
• But there are cases when a power of attorney is needed:
  • if you need to pick up the car from the penalty;
  • pass the inspection;
  • make sargo;
  • go abroad, etc.
• The execution of the power of attorney takes place in standard mode, but another number, brand, model of the machine, its TIN and TCP data, as well as the year of release are added to the general information.

Relief or termination of a decorated power of attorney

The representative and represented person are in trust. Then, due to circumstances, the authorized person may transfer his obligations to the third party.

The opposite party is obliged to notify such changes in the principal in the near date. He is also provided with complete information about the "new" authorized person. Notes with the time, reasons and place of forming of advae are left on the main power of attorney by a notary.

Important: if this is not done - for the actions of the “newly made” third party, the “former” representative will be responsible for his misconduct.

The main grounds for the termination of the trust transaction are:

• the end of the duration of the contract, if the decree was the deadline;
• the principal cancels the power of attorney;
• the representative refuses powers;
• in the case of a reorganization of a legal entity, in the structure of separation, merging or joining another legal entity;
• death, restriction of legal capacity, a non -fiction absence of an individual, which issued a trusted letter;
• death, restriction of legal capacity, a non -fiction absence of a representative.

Bankruptcy of the principal leads to the fact that he does not have the right to independently dispose of the issuance of a power of attorney.

Important: with notarial registration, the reverse application for the termination of the power of attorney, which will also be certified.

The power of attorney must return to the principal. The return occurs only on paper. Therefore, if the representative refuses to give the form, you can’t do anything about it. The only way out is to notify third parties in time, to whom the document is scorched.      

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