Power of attorney in court - this concept was encountered by almost everyone who at least once in their life applied to the judiciary. And for those who have yet to plunge into the world of litigation, it will be useful to know the information below.
What is a power of attorney
In fact, a power of attorney in court is a written document that confirms the powers of a trustee transferred to him by another person (trustee) to perform any actions on his behalf. In other words, if a citizen does not have the ability or simply does not want to come to the judicial authorities, he can empower another person (usually a lawyer) to represent him in court, act on his behalf and conduct other events.
For this, there is a power of attorney. The judge, having received the named document, determines what powers the representative has. Often, it indicates all the rights that are provided by civil procedure legislation for the plaintiff or defendant.
How to write a power of attorney
You must either come to the court yourself or send your representative. But how to draw up the described document if even the most basic knowledge of the legislation is missing? There is no point in worrying about this. A power of attorney on behalf of an individual in the judiciary is subject to notarization. Accordingly, to draw up such a document, it is enough to take your passport and contact any notary. The latter will help you draw up a power of attorney in accordance with all rules and regulations.
It is important not to forget to notify the notary that the power of attorney is necessary specifically for the court. Each of them has a sample power of attorney in court, so its preparation will not take much time.
Power of attorney on behalf of the organization
The above indicates how to issue a power of attorney to individuals. For legal entities, the procedure for issuing a power of attorney is somewhat simpler. Representation of interests in court on behalf of a legal entity is possible on the basis of a simple power of attorney, not certified by a notary.
As a rule, this document in the organization is issued by its first head (director, manager, president, etc.). This person must, in turn, be endowed with the title right by the constituent documents of the enterprise, another power of attorney or other documents. The signature of such a person must necessarily be sealed with the main seal of the organization, without which the court will not accept it.
Termination of Power of Attorney
A power of attorney is issued to the court with an indication of its validity period or without an indication thereof. If its validity period is indicated, then after its expiration it terminates. In the situation when the time period for which this document was issued is not indicated, the power of attorney is valid for one year.
Other grounds for termination of the document in question are:
- cancellation by her principal;
- refusal of the attorney to delegate authority;
- death of the principal or attorney;
- termination of the activity of the principal or attorney (legal entity);
- recognition of the principal or attorney as incompetent.
It is also necessary to note the following important point - if the number of its preparation is not indicated in the power of attorney, then it is invalid. No court will consider such a power of attorney as a document.
Thus, the power of attorney to represent the interests of an individual or organization in the judiciary is a document that allows the plaintiff or the defendant not to participate in judicial battles.At the same time, one should always be attentive to the powers that are transferred on the basis of this paper to the attorney in order to exclude possible illegal actions.
