A Power of Attorney (PoA) is a legal document that authorises a person to act on behalf of an individual or a legal entity.

Turkey and the United Kingdom are both signatories to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, which makes the process of granting a Power of Attorney in the UK for use in Turkey relatively simple and straightforward.

In this article, we answer some of the questions most frequently asked by our clients about issuing a Power of Attorney for Turkey from the UK.

1. Do I need a Turkish lawyer to prepare a Power of Attorney for Turkey?

It is not a legal requirement for a Power of Attorney to be prepared by a lawyer. However, it is advisable to instruct a lawyer who is familiar with Turkish legal procedures to prepare your Power of Attorney. This helps ensure that the document contains all the necessary powers while avoiding the inclusion of unnecessary ones.

2. Who can be appointed as a proxy under Turkish law?

Any person over the age of 18 can be appointed as your proxy.

However, it is important to bear in mind that certain procedures can only be carried out by a qualified lawyer. Therefore, before granting a Power of Attorney, it should be confirmed that your chosen proxy is authorised to undertake all the actions you require.

3. Does a proxy have to inform the grantor about their actions?

Once a Power of Attorney has been granted, the proxy is not generally required by law to inform the grantor of every action taken on their behalf.

For this reason, it is important to exercise caution when appointing someone as your proxy and to ensure that the person is trustworthy.

4. Do I have to travel to Turkey to grant a Power of Attorney for use in Turkey?

No. It is not necessary to travel to Turkey. The entire process can be completed from abroad.

5. What is the quickest way for a non-Turkish national in the United Kingdom to grant a Power of Attorney for Turkey?

It is advisable to have the Power of Attorney prepared by a Turkish lawyer.

The scope of the Power of Attorney should first be discussed with your lawyer so that the powers to be included can be tailored to your specific requirements.

Once the Power of Attorney has been drafted in English, it should be signed before a notary public in the UK. The notary will then arrange for the document to be apostilled by the relevant UK authority. This process typically takes between one and two weeks.

The next step is to ensure that the notarised and apostilled Power of Attorney is recognised for use in Turkey. The document must be translated into Turkish by a certified translator in Turkey and then notarised by a Turkish notary public.

Once these steps have been completed, the Power of Attorney can be used in Turkey.

6. Do I need to attach a photograph to a Turkish Power of Attorney?

Depending on the powers granted, it may be necessary to attach a photograph of the grantor to the Power of Attorney.

For example, if the Power of Attorney is to be used for the sale or transfer of property in Turkey, or in divorce proceedings, a photograph of the grantor is generally required.

How Can We Help?

If you have any questions regarding a Turkish Power of Attorney, please do not hesitate to contact us.

UT Legal, through its offices in London and Istanbul, can assist with the entire process. Our Turkish-qualified lawyers in London can prepare your Power of Attorney and guide you through each stage. In most cases, all you need to do is visit a notary public of your choice to sign the document that we have prepared for you.

Please do not hesitate to get in touch. We will be happy to answer any questions you may have.