A Power of Attorney (PoA) is an instrument that authorizes one person to act on behalf of another in carrying out specific legal or administrative acts. It enables the representative (the attorney-in-fact) to perform transactions that the principal could otherwise carry out personally. In Türkiye, a PoA is frequently required for matters. Such as litigation and enforcement proceedings, company incorporation, applications before public authorities, and the purchase or sale of real estate or vehicles.
This guide outlines the procedures by which foreign nationals may issue a Power of Attorney to be used in Türkiye.
1. Transactions Requiring a Power of Attorney
In general, whenever a person wishes another individual to perform acts or transactions on their behalf that they themselves could lawfully perform, a Power of Attorney is required. Typical examples include:
Initiating and pursuing court proceedings,
Conducting enforcement proceedings and collecting debts,
Purchasing real estate (houses, land, etc.) or registered movables (vehicles, construction machinery, etc.),
Establishing, registering, or dissolving companies, branches, or liaison offices,
Submitting applications or completing processes before public authorities (e.g., tax offices, social security institutions, or insurance bodies). In such cases, a duly executed and officially certified Power of Attorney is necessary to confer legal authority upon the representative.
2. Definition of an Official Power of Attorney
An Official Power of Attorney refers to a document authenticated or issued by the competent authority of a given country, in accordance with its domestic legal provisions. In most jurisdictions, this authority is vested in notaries public. Therefore, Powers of Attorney executed before a notary are considered official instruments.
Some states also allow their citizens to issue PoAs through their diplomatic or consular missions abroad. For instance, a Turkish citizen residing overseas may execute a PoA through the nearest Turkish consulate or embassy to authorize a representative in Türkiye.
3. Is a Power of Attorney Granted Only to Lawyers?
Pursuant to the Attorneyship Act No. 1136, certain acts may only be performed by duly licensed attorneys. These include representation in litigation, mediation, enforcement proceedings, applications for citizenship, residence, and work permits, and any other activities constituting legal consultancy.
Other transactions—such as the purchase or sale of property, or the incorporation of a company—may also be performed by individuals who are not attorneys, provided that a valid Power of Attorney is granted to them.
4. How Can Foreign Nationals Issue a Power of Attorney Abroad?
Once a foreign national agrees with their intended representative in Türkiye regarding the scope of authorization, the first step is to determine which specific powers the PoA should include. The attorney-in-fact may only perform actions expressly authorized in the document; any act beyond those powers constitutes ultra vires representation and will not bind the principal.
After defining the scope of powers, the principal must apply to the competent authority authorized to issue official PoAs in their country—usually a notary public. The document must include the full details of the attorney in Türkiye. In practice, the proposed attorney may draft a PoA containing the required authorities and send it to the principal for execution before a notary.
The PoA must clearly state the identity of both the principal and the attorney-in-fact, as well as the nature and scope of the powers granted. Once notarized, the document must be apostilled.
5. Apostille Certification: Definition and Procedure
An Apostille is a form of certification that authenticates the origin of a public document, allowing it to be recognized as valid in another country. The Apostille system was established by the Hague Convention of 5 October 1961.
After a PoA is notarized, it must be apostilled by a competent authority in the country where it was executed (such as a municipality, governorate, or other designated office). Documents lacking apostille certification cannot be legally used in another jurisdiction.
The Apostille is attached to the original document and becomes an integral part of it.
6. Post-Apostille Procedures and Translation
Once the Apostille certification has been completed, the original document must be sent by post to the appointed attorney in Türkiye. Upon receipt, the attorney must have both the PoA and the Apostille translated into Turkish. This translation must be made by a sworn translator and certified by a Turkish notary public.
After notarized translation, the document becomes legally valid and can be submitted to Turkish administrative and judicial authorities.
7. Issuing a Power of Attorney within Türkiye as a Foreign National
Foreign nationals physically present in Türkiye may issue a Power of Attorney directly before a Turkish notary. However, prior to doing so, their passport must be translated into Turkish and the translation must be notarized. Additionally, a sworn interpreter fluent in the foreigner’s language must be present during the notarization process.
Once these formalities are satisfied, the foreign national may issue the PoA and directly deliver it to their appointed attorney or representative.
8. Powers Requiring Express Authorization
In Türkiye, standardized PoA templates are available for common transactions—for example, for granting authority to a lawyer. However, in certain cases, the law requires explicit authorization for specific powers. Unless expressly granted, an attorney-at-law may not:
Settle or compromise a dispute,
Challenge a judge,
Amend or withdraw an entire claim (islah),
Offer, accept, or reject an oath,
Subdelegate authority to another attorney,
Lift a seizure,
File for bankruptcy on behalf of the client,
Conclude arbitration or compromise agreements,
Propose or consent to concordats or restructuring plans for companies or cooperatives,
Engage in alternative dispute resolution processes,
Waive a claim or appeal,
Acknowledge the opposing party’s claim, or
Initiate proceedings for retrial or compensation claims against the State arising from judicial conduct.
To avoid potential limitations, it is strongly recommended that the principal communicate with their intended attorney in advance to clarify the exact scope of powers to be included in the PoA.
