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Friday, 17 October 2008 00:00

How can I cancel a power of attorney?

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This question comes from Bodrum. “Hello, I have been living in Turkey six months out of the year and I have granted a power of attorney to a real estate agent who found my house for me.

This man has a gardening company and he arranges rides, cleaning ladies, etc. for expats living here. “He asked me to give him a power of attorney with a very wide coverage so he can handle everything on behalf of me when I am absent.

I recently found out that the power of attorney even enables this person to sell my house on his sole discretion at any price to anyone he finds to be appropriate. I want to cancel this power of attorney. What should I do? What will happen if he sells my house, abusing this power of attorney?

This person can sell your house freely because you gave this power to him. In the event he abuses this power and sells your house, then you can start legal action against him both in criminal court and in civil court for your loss.

Revoking a power of attorney

The person who gave a power of attorney can always revoke and withdraw it.

You are not required to show any reason for revoking it, and your wish for doing so will be satisfactory.

First, I would recommend you do all the following through a lawyer. However, I can say that, basically, you should apply to a public notary declaring you want to revoke the power of attorney you had granted earlier.

The public notary will listen to you through a sworn translator (not all sworn translators make correct and satisfactory translation; please make sure that you have a good one) and make the minutes of what you say.

What you say MUST include: your clear intention to revoke the power of attorney you gave earlier; the name of the person you are revoking and the address of this person. It would be a good idea to demonstrate a copy of the power of attorney so the public notary can include all the details in this document.

Second, I want to give you some advice for your future transactions. Another way of revoking a power of attorney is by limiting it with a deadline, causing it to become automatically invalid through expiry.

Such a limitation shall save you money and time from not having to send a notification in order to revoke a power of attorney. I also have to mention a disadvantage of limiting the power of attorney through the expiry period. In case this expiry period granted is shorter than the period required to complete a transaction in which you are involved, you may end up in providing a new power of attorney for the same task. This renewal shall certainly create extra costs and waste time.

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