Power of attorney

Ms Who

aka Kym Ciftci
#21
Doesn't the POA have to be apostilled by the FCO anymore? I know that was the case a few years ago but obviously things may have changed.

JF
Hi John,

Yes the docs still need an apostille. My advice was for her to look up a notary solicitor in her area - the agent she is giving poa to will be able to send her the correct wording in Turkish and instructions and communicate with the UK solicitor.

The problem with laying too many details out on a forum is that some people then take that advice, sometimes put their own interpretation on it, pass it on, possibly elaborate on it and may well end up getting it wrong. Hence mine is short and to the point - find a notary solicitor in the UK and have the Turkish POA communicate with them :).
 

englandsrose2

Non Active Member
#22
brenda, I did this last january, unable to fly over due to heavy snow.
Exactly as kym says, but can be even easier. Ask your agent to email to you the correct wording POA. Once recieved and happy with the wording, ring the notary(in your area), take all documents and money with you, ask him/her to do it all, including forwarding it on to turkey to land on the agents desk. Then just sit back and wait. You will be told it only takes 7-10 days, but mine took about 3 weeks. Then wait till your agent confirms reciept of it on his desk. Not sure why you need translation for passport.

christine
 
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englandsrose2

Non Active Member
#24
Re: -->: Power of attorney

The documents used can only be put into circulation if they are in the native language of the country
Translator, you have lost me. I am assuming brenda's agent knows what he is doing. My solicitor in turkey emailed me the necessary POA document to take to my local notary. Nothing else is required.

christine
 
#25
-->: Power of attorney

The POA can be done in UK and translated to Turkish or prepared in Turkey in Turkish it can not be used in any language apart from Turkish this is the reason of the passport translation
 

Chinook

Senior Member
#30
Hi Chinook, post, dhl, cargo etc.. etc.. the point is, we need the original hard copy here.
Yes know that , only suggesting that there are quicker and surer ways of sending the POA .
A Notary Public plucked from the yellow pages will probably not be aware of the specific Turkish legal requirements for a POA produced in UK or wish to organise particularly the required visit to the Turkish Consulate in Kensington

This link explains the process

Powers of Attorney
 
#31
I appreciate that the starter of this thread felt that trust was not an issue and that other posters have referred to their good experiences using power of attorney.

However, a power of attorney which is not linked to a Turkish noterised agreement to restrict the lawyer/ emlak is potentially very dangerous.

Sadly if the person with the power of attorney sells or moves the ownership of the property, it is a legal action and there is no likelihood of success in court.

A couple of Turks I know have lost properties this way (to lawyers not emlaks) but I am sure yabanci are not exempt from such corruption.

Garry
 

JohnF

Senior Member
#32
However, a power of attorney which is not linked to a Turkish noterised agreement to restrict the lawyer/ emlak is potentially very dangerous.
I think you are confused here - the wording of the POA itself restricts the actions of who it is granted to.

JF
 
#33
I think you are confused here - the wording of the POA itself restricts the actions of who it is granted to.

JF
Clearly the level of risk relates to the level of power given. You may try and restrict the level of POA but it would allow for any action on your behalf to the level given e.g. purchase or sale. Not necessarily the purchase or sale you intended.
Garry
 
#35
i allways advocate that the POA is restricted to a very defined instruction (and if need be price). If the person who posted still needs the information, they can pm me with their email address and I will be happy to provide a full draft for ammendment - free of course!
 

JohnF

Senior Member
#36
Clearly the level of risk relates to the level of power given. You may try and restrict the level of POA but it would allow for any action on your behalf to the level given e.g. purchase or sale. Not necessarily the purchase or sale you intended.
Garry
No, I was wrong - you're really confused.

It is possible to grant a POA to give an individual wide ranging powers, such as buying or selling properties, accessing bank accounts etc on your behalf, however it is also possible to grant a POA that allows for one action, and one action only. That action can even be narrowed down to a specific date, its all in the wording of the POA.

I'm not saying that there hasn't been abuse by those to whom POA's have been granted, but the majority stories I've heard and read have all been anecdotal and I personally have yet to meet someone who's POA was used directly to defraud.

JF
 
#37
No, I was wrong - you're really confused.

It is possible to grant a POA to give an individual wide ranging powers, such as buying or selling properties, accessing bank accounts etc on your behalf, however it is also possible to grant a POA that allows for one action, and one action only. That action can even be narrowed down to a specific date, its all in the wording of the POA.

I'm not saying that there hasn't been abuse by those to whom POA's have been granted, but the majority stories I've heard and read have all been anecdotal and I personally have yet to meet someone who's POA was used directly to defraud.

JF
As I said previously I do know people so defrauded.

It is true that the tradition in Turkey was to give a very general POA which would have facilitated possible fraud. It has been my understanding that the Turkish authorities are liberal in their interpretation of the use of POA and actions not apparently intended are still allowed.

I have only used POA where it is linked to a notorised agreement explicitly stating what is not allowed. The Noters have standard paragraphs for such agreements which suggest that I am not the only person who seeks additional protection.


Garry
 

JohnF

Senior Member
#38
Well, to use your understanding - if for example the deeds office were to allow an action not explicitly detailed in the POA, why would having a seperate piece of paper make any difference?

And regards fraud - I'm afraid what you're saying is anecdotal...

JF
 

Johnjo

Senior Member
#39
-->: Power of attorney

Hi
Looking for info on the best way to get a power of attorney completed in England also a translation of passports. We are comfortable with the agent who will have power of attorney, just need guidance on the best way forward due to being unable to get out to Dalaman untill April.
Kind regards
Brenda
Hi Brenda
I've actually had mine done today very straightforward find one in you area using this link: The Notaries Society | Information & Find A Notary Public
you will need the draft from your solicitor in Turkey for the notary here to read through, he then witnesses your signature where it is needed on the draft, stamps it with various stamps, he then has to send it to the commonwealth office to be appostilled which is basically the commonwealth comparing the signature of the notary to the one they hold to make sure he is who he says he is, sound complex but very straightforward, if you require additional info please PM me Ill be glad to talk you through it in greater detail.
I needed to take my passport and driving license as proof of ID and passport photos which is attached to the draft.
Regards
John
 

Ms Who

aka Kym Ciftci
#40
''Yes know that , only suggesting that there are quicker and surer ways of sending the POA .
A Notary Public plucked from the yellow pages will probably not be aware of the specific Turkish legal requirements for a POA produced in UK or wish to organise particularly the required visit to the Turkish Consulate in Kensington''

Hi Chinook, there will not be many notary solicitors that know about Turkish law, and why should they. My point is, the 'customer' can use a local notarised solicitor who can draw up the documentation (as dictated by the Turkish agent) and send it off for an apostile (Ive yet to come across one that didnt know how to do that). The quickness of the POA is not really an issue as to begin any process the scanned in document will do, it is only at TAPU transfer that the actual document must be produced.

Ive lost count of the amount of POA's I have had done this way and we have never had a problem. However, we as the agent have also spoken to the solicitor local to that particular customer.

Not all POA's are the same which is why I stressed earlier the importance of getting a UK notarised solicitor in communication with the Turkish Agent to ensure all aspects of the individual transaction are covered. Get any aspect of the POA wrong and it will be rendered useless.

Hope this helps explain :)
 
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