Types of Power of Attorney — General, Special and Real Estate Authority

Types of Powers of Attorney and Their Differences — General, Special, and Real Estate Powers of Attorney

A power of attorney (vekaletname) is an official document by which a person authorises another person to perform legal transactions on their behalf. The agency (vekalet) contract, regulated under Articles 502–514 of the Turkish Code of Obligations (Türk Borçlar Kanunu — TBK), is one of the most frequently used legal transactions in everyday life. In this article, we comprehensively examine the types of powers of attorney, the differences between them, notary fees, and the revocation process.

What Is a Power of Attorney and in Which Statute Is It Regulated?

A power of attorney is an official document by which one person (the principal — vekalet veren/müvekkil) grants another person (the agent — vekil) authority to perform specified legal transactions on their behalf and account. Pursuant to Article 502 of Law No. 6098 — the Turkish Code of Obligations (Türk Borçlar Kanunu — TBK) — an agency contract is a contract whereby the agent undertakes to carry out a task or perform a transaction for the principal.

As a rule, a power of attorney must be executed before a notary. Article 60 of Law No. 1512 on Notaries (Noterlik Kanunu) divides notarial transactions into two main categories: drafting (düzenleme) and certification (onaylama). Powers of attorney are also prepared according to one of these two categories. Powers of attorney relating to dispositive acts such as real estate sales, gifts, and mortgages are prepared in drafting form, while some general powers of attorney may also be prepared in certification form.

An important distinction exists between a power of attorney and authority of representation. While authority of representation governs the agent's relationship with third parties, the agency contract covers the internal relationship between the agent and the principal. Not every agency contract necessarily involves authority of representation, and not every authority of representation needs to be based on an agency contract.

What Is a General Power of Attorney and What Transactions Does It Cover?

A general power of attorney (genel vekaletname) is the type of power of attorney that grants the agent authority to perform multiple and various legal transactions. Pursuant to Article 504(3) of TBK, with a general power of attorney the agent has authority to conduct all of the principal's affairs within the limits specified in the instrument. However, special authority is required for extraordinary transactions.

Transactions that may be performed with a general power of attorney include making applications to official departments, submitting petitions, collecting documents, conducting certain banking transactions, entering into lease agreements, and purchasing and selling movable property — all transactions of an ordinary character. However, according to the case law of the Court of Cassation (Yargıtay), extraordinary transactions such as the sale of immovable property, making a gift, reaching a settlement, entering into an arbitration agreement, and undertaking a negotiable instrument obligation cannot be performed with a general power of attorney.

The most important point to bear in mind when having a general power of attorney drafted is that the limits of the agent's powers must be clearly defined. One of the most frequently encountered problems in practice is that the scope of general powers of attorney is left vague. For this reason, it is recommended that the transactions that may be performed be stated in the power of attorney as concretely as possible.

In What Circumstances Is a Special Power of Attorney Required?

A special power of attorney (özel vekaletname) is the type of power of attorney granted to perform one or a few specific legal transactions, with a narrow scope and clearly defined limits. Pursuant to Article 504(2) of TBK, a special power of attorney is required for extraordinary transactions such as the transfer of immovable property, the exercise of strictly personal rights, and bringing an action.

The principal transactions requiring a special power of attorney are: purchase and sale of immovable property, creation of a mortgage, easement, or usufruct over immovable property, distribution of an estate, incorporation or transfer of a company, making a gift, settlement, application to arbitration, initiating enforcement proceedings, and undertaking a negotiable instrument obligation. For these transactions, the type, subject matter, and scope of the relevant transaction must be clearly stated in the power of attorney.

Keeping the scope of authority limited in a special power of attorney serves to protect both the principal and third parties. If the agent exceeds the limits of the authority stated in the power of attorney, pursuant to Article 504(1) of TBK, this transaction does not bind the principal. However, where a third party did not know and was not required to know the limits of the agent's authority, good faith may be protected pursuant to Article 3 of the Turkish Civil Code (Türk Medeni Kanunu — TMK).

How Is a Real Estate Sale Power of Attorney Prepared and What Points Require Attention?

A real estate sale power of attorney (gayrimenkul satış vekaleti) is a special power of attorney type prepared by a notary in drafting form, by which a person grants authority to another person to sell their immovable property. This power of attorney must necessarily be prepared in drafting form pursuant to Article 89 of Law No. 1512 on Notaries (Noterlik Kanunu); real estate sale powers of attorney prepared in certification form are invalid.

When drafting a real estate sale power of attorney, it is mandatory to include in full the identifying details of the property, such as the block (ada), parcel (parsel), section (pafta) numbers, and province, district, and neighbourhood information. The sale price, buyer's details, or conditions of sale may be stated in the power of attorney, or these may alternatively be left to the agent's discretion. However, granting broad authority to the agent in practice increases the risk of future disputes.

When applying to the notary for a real estate sale power of attorney, the principal needs: their identity document (national identity card or passport), land registry information of the property, the agent's identity details, and 2 passport photographs. For foreign nationals, proceedings are carried out with a passport and a sworn interpreter. The cost of the power of attorney consists of the notary fee and stamp duty.

An important point to note with real estate powers of attorney is that they may be executed without a time limit. However, an indefinite power of attorney carries serious risks particularly where the trust relationship between the agent and the principal breaks down. For this reason, specifying a certain period or condition in the power of attorney is recommended in practice.

What Is the Difference Between a Litigation Power of Attorney and a General Power of Attorney?

A litigation power of attorney (dava vekaleti) is a special power of attorney granted to a lawyer to file actions, conduct proceedings, and perform all judicial transactions before courts on behalf of the client. Pursuant to Article 27 of Law No. 1136 on the Legal Profession (Avukatlık Kanunu), a litigation power of attorney may only be granted to lawyers and affixing a bar stamp (baro pulu) is mandatory.

The fundamental difference between a litigation power of attorney and a general power of attorney is that the litigation power of attorney may only be used by lawyers and is specific to judicial transactions. Pursuant to Article 74 of the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu — HMK), a litigation power of attorney as a rule grants the lawyer general authority. However, special authorities such as reaching a settlement, entering into an arbitration agreement, admitting the claim, withdrawing from the action, or appointing another agent must be expressly stated in the power of attorney.

When drafting a litigation power of attorney, the lawyer's name and surname, bar registration number, tax identification number, and bar stamp details must be complete. As of 2026, the bar stamp fee is [TO BE VERIFIED] TL. A litigation power of attorney may be executed before a notary, or pursuant to Article 76 of HMK, in certain circumstances it may also be recorded verbally in the court minutes.

How Is Revocation of a Power of Attorney Carried Out?

Revocation of a power of attorney (azil) is the unilateral withdrawal by the principal of the authority granted to the agent. Pursuant to Article 512 of TBK, the principal may terminate the agency contract unilaterally at any time. This right is not conditional on any ground being stated or any justified reason existing. Revocation takes effect immediately and the agent's authority comes to an end.

It is recommended that revocation be carried out through a notary for legal certainty purposes. When a notice of revocation (azilname) is drafted through a notary and served on the agent, the date on which the agent's authority ceased is documented. It is also of great importance to notify the relevant authorities (land registry office, court, bank, etc.) of the notice of revocation. Otherwise, transactions performed by the agent before learning of the revocation may bind the principal.

The agent's resignation is also regulated similarly under Article 512 of TBK. The agent may also terminate the agency contract unilaterally. However, if the agent resigns at an inopportune time, an obligation to compensate the principal for any resulting damage may arise. As for lawyers, pursuant to Article 41 of the Legal Profession Law (Avukatlık Kanunu), the lawyer is obliged to notify the client of their resignation and for 15 days after the resignation is required to take the necessary measures to prevent the client from suffering a loss of rights.

A frequently encountered problem in practice relating to revocation is the difference between the date of revocation and the date of service of the notice of revocation. According to Court of Cassation (Yargıtay) decisions, revocation takes effect at the moment the agent learns of the notice of revocation. However, for revocation to be asserted against third parties, service must have been effected or the third party must have become aware of the revocation.

What Is the Duration of a Power of Attorney and Does It Automatically Expire?

The duration of a power of attorney expires upon the lapse of any fixed period stipulated in it; if no period is fixed, upon the death of the principal, their loss of legal capacity, or their insolvency. Pursuant to Article 513 of TBK, these events automatically extinguish the agent's authority without any separate notification being required.

In practice, powers of attorney are generally executed without a time limit. An indefinite power of attorney remains valid until it is revoked, until the agent resigns, or until the statutory grounds for termination occur. However, certain institutions (banks, land registry offices) may tend not to accept powers of attorney older than a certain period. This arises from institutional practice rather than any statutory requirement.

In time-limited powers of attorney, the authority automatically expires upon the lapse of the period. Transactions performed by the agent after the period lapses are of the nature of unauthorised representation and do not bind the principal. However, pursuant to Article 509 of TBK, if the principal subsequently ratifies (grants approval — icazet) this transaction, the transaction becomes valid.

What Are the Notary Fees for a Power of Attorney?

The notary fee payable for a power of attorney varies depending on the type of power of attorney, the number of pages, whether it is in drafting or certification form, and the number of copies. According to the 2026 notary fee schedule, the fee for drafting a general power of attorney is [TO BE VERIFIED] TL, and for a special power of attorney approximately [TO BE VERIFIED] TL.

Notary fees are determined according to the schedule annexed to Law No. 492 on Fees (Harçlar Kanunu) and are updated annually at the revaluation rate. In addition to the fee, stamp duty, paper costs, and any copy fees are also included in the total cost. Where more than one agent is appointed, a separate fee is not charged for each agent, although an additional fee may be charged based on the number of copies.

Exemptions from notary fees may also apply. Powers of attorney executed within the scope of legal aid, certain public institutions and bodies, and transactions within the scope of international agreements may be exempt from fees. For these exemptions to apply, the relevant statutory basis must be presented to the notary.

What Documents Are Required When Executing a Power of Attorney?

When applying to a notary to execute a power of attorney, the following are required: the principal's Turkish identity card or passport, a photocopy or identity details of the agent (name, surname, Turkish identification number, address), 2 passport photographs, and any additional documents specific to the transaction. The photograph requirement applies to powers of attorney in drafting form.

For real estate sale powers of attorney, land registry information (block, parcel, section numbers) or a photocopy of the title deed may additionally be requested. For vehicle sale powers of attorney, a photocopy of the registration certificate is required; for litigation powers of attorney, the lawyer's bar registration number and tax identification number are needed. If a power of attorney is to be executed on behalf of a legal entity, documents such as the resolution of the competent body (board of directors resolution or partners' assembly resolution), signature circular (imza sirküleri), and commercial registry gazette are also required.

Turkish nationals abroad may execute their powers of attorney at Turkish consulates. Powers of attorney executed at consulates have the same legal validity as powers of attorney executed by notaries in Turkey. For foreign nationals executing a power of attorney in Turkey, it is mandatory to proceed in the presence of a sworn interpreter and to submit a notarially certified translation of the passport.

Frequently Asked Questions about Powers of Attorney

Since the subject of powers of attorney forms the basis of many legal transactions in everyday life, it frequently appears among questions asked by citizens. Below we answer the most common questions.

Final note: This content is for general informational purposes only and does not constitute legal advice.