The complexities of today’s world have always caused people to not achieve all their tasks. On the other hand, trusting another person to delegate matters also has its own difficulties. Sometimes the person you trust may be abused. This issue caused the legislator to think of designing a mechanism so that people can assign their work to another person under certain conditions. In this article, we are going to examine the power of attorney (POA) issue. Although the power of attorney has facilitated many things, if you do not know its various aspects well, you may be seriously harmed. Karimi & Associates Law Firm can provide such support. Our team of experienced and knowledgeable lawyers in various legal fields can offer specialized legal advice and support your interests.
What is the Power of Attorney?
Every person has legal rights and duties. For example, every person has the right to buy any property he wants or to sell the property he owns. In some situations, for various reasons, a person gives permission to another person to perform certain actions for him. For example, a person authorizes his nephew to sell his car. Therefore, the granting of permission to the lawyer by the client to carry out legal matters is called power of attorney. It is worth noting that the effects of the actions of the lawyer will be returned to the client (the person who gives the power of attorney).
The reason for preparing of Power of Attorney
A power of attorney can be set up for various issues, the types of which and how to set it up will be explained below. Usually, a power of attorney is prepared when a person requests another person to do the said activity due to not having enough time or lack of detailed knowledge of the process of doing something. You will understand this better with an example.
Suppose you own a building and you want to sell it. Since you don’t have enough time to go through the sales process, you give a power of attorney to someone you trust enough to do the sale for you. In this case, you are the client and the person you represent is your lawyer. Your lawyer has the right to complete all the steps of the sale and, having an official power of attorney from you, prepare an official document for the buyer. All profits and benefits from this transaction will be for you.
Setting up a power of attorney is very important phase. Karimi & Associates Law Firm’s advice is that you must get help from legal lawyers in preparing the power of attorney.
Types of Power of Attorney
According to Article 656 of the Civil Code: “A power of attorney is a contract by which one of the parties appoints the other party as his representative to do something.” According to this article, granting representation to another person, by virtue of a contract, to perform a legal matter, causes the creation of an attorney contract.
Ordinary power of attorney
In general, power of attorneys are drawn up as ordinary power of attorneys. Because nowadays, lawyers agree with their clients and sign the power of attorney without going to notary offices. This type of power of attorney is approved by the legislator and is valid if it has a signature. Even in some cases, a signature certificate is added to the ordinary power of attorney for more validity.
Conditions for approval of the ordinary power of attorney
Article 34 of the Civil Procedure Law has proposed the following conditions for the ordinary power of attorney to be approved, including:
- If the ordinary power of attorney is drawn up in Iran, the lawyer must confirm under the power of attorney that the client himself has signed it.
- If the ordinary power of attorney is drawn up outside of Iran, one of Iran’s political or consular agents must approve it.
- If the ordinary power of attorney is submitted to the court during the hearing, it will be mentioned in the minutes of the meeting and will be approved by the client.
- If the client is in prison due to the existing conditions, the lawyer can go to the prison to get the signature. In this case, the head of the prison or his deputy will confirm his fingerprints.
Absolute or full power of attorney
By preparing this power of attorney, your lawyer will have the authority to make decisions on your behalf in administrative, financial, legal, etc. matters. In fact, you transfer any legal authority you have to another person. Therefore, you should be very careful in preparing this type of power of attorney. Any mistake in this matter can cost you the loss of all your assets. Our advice is not to go for this type of representation unless there are very special circumstances. We also recommend that if you prepare an absolute power of attorney, specify a time period for it.
Limited power of attorney
In this type of power of attorney, you actually allow your lawyer to make decisions and act in a limited and specific area. Unlike a full power of attorney, a lawyer cannot interfere in other matters or do anything. In this type of representation, it is also recommended that you consider a certain period for credit. For example, with this type of power of attorney, you can give permission to your lawyer to sell your land at a certain price (specify the desired land carefully) within a certain period of time. You also allow him to prepare the official land document before the power of attorney expires.
If a lawyer prepares the power of attorney, he knows very well how to prepare it according to the circumstances so that it does not lead to unfortunate events. Therefore, we would like to remind you again that to prepare the power of attorney, you must be in contact with a professional lawyer.
Irrevocable power of attorney
According to Article 679 of the Civil Code, the client can dismiss the lawyer at any time, unless the non-revocable of the lawyer is stipulated in the contract. In this type of power of attorney, which we see a lot today for car transactions (the seller can receive the full price of the transaction and in return give the buyer power of attorney to sign the property document in his name), the client cannot dismiss the lawyer or revoke the power of attorney. His client can also do the matter he has represented. However, if a seller sells property to a person and appoints the buyer as his attorney to sign the property document in his own name, and during this time the seller, who is the client, sells the property to a third party, he is guilty. In fact, the client has committed the crime of “selling someone else’s property.”
Given the complexity of matters related to types of POA, seeking advice from professional lawyers is more crucial than ever. By contacting us, you can connect with a team of experienced legal experts who can provide you with the necessary help and guidance to keep your cases on track!