When you need a notarized power of attorney

The power of attorney is a written document that one person gives to another for representation before third persons. The power of attorney may be executed in simple written form or in the notarial form.

Situations when the law requires mandatory notarization of power of attorney, not so much. They are all written in the Civil code of the Russian Federation. So, the power of attorney need to be notarized if in the future it will be used for substitution (article 187 of the civil code), that is, to transfer the implementation of any action the Trustee others.In addition, a notarized power of attorney is required to obtain a re-certificate of state registration of acts of civil status for registration of rights to immovable property.Thus it is seen that in many cases, a simple written power of attorney without notarization. For example, to use someone else's vehicle notarized power of attorney is not required. It is only necessary in those cases when the representative (the one who issued the power of attorney) will be entrusted the vehicle to a third party or enter into transactions which require notarial form. But a notarized power of attorney will be needed for the sale of immovable property. Since buying and selling a house, land or apartment involves registration of rights to immovable property, means the confirmation by a notary. The law allows on their own to notarize a power of attorney does not need this. In most cases, to protect yourself from improper execution of the power of attorney and to give greater reliability to the document, people do. However, there are times when a person due to certain circumstances can not issue a power of attorney at the notary. In this case, it can endorse the authorized officials, and the attorney will possess notarial powers. In particular, equal to the notarial power of attorney: soldiers under treatment in the hospital if they are signed by the head of the institution or the doctor on duty;— servicemen residing in areas of deployment of military units where there are notaries, certified by the unit commander; in prison (power of attorney confirmed by the warden);— adult capable citizens in institutions of social protection of the population, certified by the administration.