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AS more foreign investors look to take advantage of the booming Turkish property market, particularly in Didim, there is a need to be cautious when it comes to the range of powers you are giving under Power of Attorney.
Private investors are assigning very wide coverage and long-term powers to people who they just met. It is a fact that you have to trust someone if you are investing in a foreign country.
What is power of attorney fraud?
A power of attorney can be abused by the agent you (the principal) have appointed. The extent of the abuse may reach the level of fraud, or well-designed abuse may stay very legal and impossible to prove. A dishonest agent may use a power of attorney to transfer your assets to him or any third parties.
If your agent is a professional accredited by an professional association, you should complain about him/her to that association in the event of abuse.
To whom should I give a power of attorney?
You should give a power of attorney to people who have clean track records. In the event that you give a power of attorney to a person without a professional commitment, then you may encounter problems and you will have no record of that person.
Please make sure that the persons you have provided a power of attorney to are lawyers who are accredited professionals. This will minimize the risk of abuse of the authorities given via the power of attorney.
The most popular form of power of attorney fraud is to make a plain power of attorney. In this case the person giving the power of attorney is asked to sign a plain paper without a notary present. Primary rule: A power of attorney can only be given before a public notary. If you are asked to sign it outside of a notary’s office, this will not be valid a power of attorney and there may be a basis for fraud.
Where to apply to provide a power of attorney
In some countries, a power of attorney can be made without the presence of any judicial or official authority, but this is not the case in Turkey.
Under Turkish law, public notaries (noter) are authorized to issue a power of attorney. It is a must that the person(s) investing powers should personally appear before the notary and in the notary’s office. It is also possible to provide power of attorneys from abroad. It is done a) through Turkish diplomatic mission’s consular sections; b) through the public notary of a foreign country. In option b), the power of attorney should be certified with an apostille according to the Hague Convention.
Only in exceptional situations, such as in the event that a disabled person who would not be able to visit the notary, do notaries render their service out of their offices.
What should I do if my power of attorney is abused?
Please also note that you can directly apply to public prosecutors in local courts of justice. The prosecutors will prioritize such claims and they can start prosecution immediately. In the event that you apply to the prosecutors’ office for making complaints about any abuse or fraud regarding the power of attorney, please make sure that you have made a set of documents proving your claims. Without the documentation, your applications will not be effective and your claims will not qualify for prosecution.
Source – Zaman Online
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