Power of Attorney Issued Abroad for Use in Turkey

Foreign nationals or Turkish citizens living abroad often need to conduct legal transactions in Türkiye, such as property purchases, inheritance matters, or court representation. When personal presence is not possible, issuing a power of attorney (PoA) becomes the most effective solution.

What Is a Power of Attorney?

A power of attorney is a legal document by which one person (the principal) authorizes another (the agent) to act on their behalf in legal or financial matters. While the act of giving a power of attorney is unilateral, the legal relationship is contractual in nature.

Who Can Issue a Power of Attorney?

Anyone who is over 18 years old and mentally competent may issue a PoA. Individuals often resort to granting PoA due to health issues, distance, lack of legal knowledge, or time constraints.

How Can You Issue a Power of Attorney Abroad?

There are two ways to issue a PoA abroad:

1. Through Turkish Consulates

This is the most convenient method for Turkish citizens and foreigners residing abroad. An appointment must be scheduled online with any Turkish consulate—there is no regional restriction.

At the appointment, the principal must appear in person. The agent does not need to be present. The principal must bring:

• Turkish citizens: national ID or passport

• Mavi Card holders: Mavi Card

• Agent’s full name and Turkish ID number

Foreign nationals may also issue PoA at the Turkish consulate by presenting their valid passport or ID. If they do not speak Turkish, a sworn translator must accompany them.

Important Note:
As of April 6, 2019, powers of attorney issued by Turkish consulates are digitally recorded in the Union of Turkish Notaries' database. This means that the agent can retrieve the certified copy of the PoA from any notary in Türkiye, instantly and without waiting for delivery.

2. Through Foreign Notaries

If the consulate route is not possible, individuals can also issue PoA at a foreign notary, provided the country is a party to the Hague Apostille Convention of October 5, 1961.

In this case:

• The PoA must be authenticated with an Apostille by the relevant authority in that country.

• The PoA must be translated into Turkish and notarized by a sworn translator in Türkiye or at the Turkish consulate.

If the PoA grants rights over immovable property (e.g. buying or selling real estate), it must be drafted in the official language of the country, in “regulatory form,” not merely notarized.

Required Documents for Apostilled PoAs

• Original and copy of the PoA

• Passport or ID of the principal

• Photos (if required)

• Apostille certificate

• Sworn Turkish translation

When Is a Photo Mandatory?

In PoAs involving:

• Divorce authorization to an attorney,

• Real estate transactions,

• Vehicle sale or banking powers,
  Two biometric photos of the principal are required and must be affixed and sealed by the notary.

What If the Principal Is Illiterate?

Non-literate individuals can issue a PoA in the presence of two literate witnesses, who must not be related by blood or marriage to the principal.

Powers of Attorney on Behalf of a Company

If a company is granting PoA:

• A board resolution authorizing the representative must be attached.

• The representative must provide a copy of the signature circular.

Also Read; Understanding the sost of power of attorney in Turkey

Guardians Issuing PoA

If a legal guardian wishes to issue a PoA on behalf of a ward (such as a minor or disabled person), the guardianship order must first be recognized and enforced by a Turkish court (through the legal process of recognition and enforcement).

Is the Agent Liable?

Yes. The agent must act in the best interest of the principal, follow instructions, and provide transparent reporting. Under Article 386 of the Turkish Code of Obligations, the agent is liable for:

• Acting outside the scope of authority

• Mismanaging funds or assets

• Failing to perform the task properly

How Does a Power of Attorney End?

• Expiration: If a duration is specified.

• Completion: If it's for a one-time action (e.g., selling a property).

• Revocation (Azil): The principal may cancel the PoA at any time by applying to a notary or consulate with ID.

• Resignation (İstifa): The agent may resign from the role.

• Death: The relationship automatically ends upon the death of either party.

  Important Note for Turkish Citizens

  When issuing a power of attorney at Turkish consulates abroad, Turkish citizens are required to present their official Turkish national ID card (T.C. Kimlik Kartı). Turkish passports are not accepted as a substitute identification document for this process. For information on additional required documents or to schedule an appointment, individuals must consult the official website of the relevant Turkish consulate, as procedures and requirements may vary slightly between jurisdictions.