Power of Attorney Information

1. What is a Power of Attorney and Why is it Necessary?

A Power of Attorney (Vekaletname) is an official document, issued by a notary public, by which a person (the client) grants an attorney the authority to carry out specific legal transactions on their behalf and to represent them. Pursuant to the Attorneys' Act, it is a legal requirement for an attorney to possess a valid Power of Attorney to be able to represent you in courts, enforcement offices, and official institutions, to file lawsuits on your behalf, or to conduct legal procedures.

Thanks to this document, all your legal processes can be managed safely and professionally on your behalf without you needing to be personally present for the proceedings.

2. Types of Power of Attorney

Different Powers of Attorney are issued according to your legal needs:

General Power of Attorney for Litigation: This includes general litigation powers such as filing a lawsuit, attending hearings, presenting evidence, and resorting to legal remedies like appeal (istinaf or temyiz). For most legal processes, this Power of Attorney is sufficient.
Special Power of Attorney: This is issued for specific actions that legally require special authorization to be granted. In this type of Power of Attorney, the action to be performed must be clearly and individually specified.

3. How to Issue a Power of Attorney

The procedure for issuing a Power of Attorney differs depending on your location:

A) Issuing a Power of Attorney from within Turkey:
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Visit any notary public in Turkey with a valid identification document (T.R. ID Card, National ID Card, or Passport).
State to the notary clerk that you wish to issue a "General Power of Attorney for Litigation" for an attorney.
Provide our attorney information below to the notary.

B) Issuing a Power of Attorney from Abroad:

Visit the nearest Turkish Consulate or Embassy in your country of residence by making an appointment.
Submit your application with your valid passport or Turkish ID card.
State to the consular official that you wish to have a "General Power of of Attorney for Litigation" issued and provide them with the information below.

4. Our Information Required for the Power of Attorney

You can provide the following information directly to the notary or consular official:

Title: Avukat (Attorney) Yılmaz Derviş
Bar / Registry No: İstanbul Barosu (Istanbul Bar Association) – 60862
Address: Osmanağa Mah. Süleymanpaşa Sok. No: 30/48 Kadıköy, İstanbul

5. IMPORTANT NOTE: Cases Requiring Special Powers and Different Procedures

A "General Power of Attorney for Litigation" is not sufficient for certain special actions. In these cases, it is mandatory that the Power of Attorney includes explicit and special powers related to the specific action to be performed. Otherwise, the relevant action cannot be carried out, and you will need to issue a new Power of Attorney.

It is very important that you discuss your legal situation with us before issuing a Power of Attorney to determine the necessary authorizations. The main situations requiring special powers are as follows:

Divorce Cases: A Power of Attorney for a divorce case has a special procedure. It must be photographed and must contain special powers "to file for divorce, to manage the filed case, and to take all legal actions concerning the divorce and its ancillary matters."
Real Estate Purchase, Sale, or Title Deed Transactions: Specific powers such as "to sell real estate," "to purchase real estate," "to establish a mortgage," "to collect proceeds (ahzu kabz)," and "to make the declaration of conveyance" must be explicitly written.
Inheritance and Devolution Procedures: Special powers such as "to obtain a certificate of inheritance," "to renounce the inheritance (redd-i miras)," "to accept the inheritance," and "to carry out the procedures for the devolution of the inheritance" are required.
Company Formation, Sale, or Representation: Powers to sign the articles of association, to transfer shares, and to represent in general assemblies must be clearly specified.
Banking Transactions: A special power must be granted for actions such as opening an account, withdrawing money, or depositing money in your name.

To ensure your legal transaction is carried out smoothly and completely, we strongly request that you contact us before issuing a Power of Attorney to confirm which authorizations are specifically required for your situation. This will both save you time and ensure that the process proceeds correctly from the very beginning.