Scope and Revocation of a Power of Attorney in Türkiye: What Principals Should Know

Turkish notaries, land registries and courts generally interpret a power of attorney strictly according to its stated wording, so a representative can only act within the specific powers actually granted, not powers that seem reasonably related. Revoking a power of attorney is possible at any time by the principal, but it only becomes effective against a third party who was unaware of the revocation once that third party has been properly notified or the revocation is otherwise made known.

A power of attorney (vekaletname) authorises another person, usually a lawyer or trusted representative, to act on the principal's behalf in Türkiye for defined purposes, ranging from a single property sale to broad representation in litigation or business matters. Two recurring problems arise: representatives being unable to complete an intended transaction because the document's wording did not clearly cover it, and principals being unable to stop unwanted actions by a representative because a revocation was not properly communicated to the relevant institution or counterparty.

The mandate (vekalet) provisions of the Turkish Code of Obligations govern the relationship between principal and representative, including the scope of authority, the representative's duties, and the principal's right to revoke the mandate at any time, generally without needing to state a reason. Turkish practice distinguishes between general powers of attorney, covering broad categories of acts, and special powers of attorney, limited to specifically named transactions, with land registries and other institutions typically requiring the latter for high-stakes transactions such as real estate sales.

Turkish land registries and notaries in practice require a power of attorney to expressly state the authority needed for the specific transaction, such as the power to sell, mortgage, or lease a specifically identified property, and will not infer such authority from broadly worded general language. Courts examine whether an act performed by a representative fell within the actual scope of the power of attorney when the validity of that act is later disputed, and third parties dealing with a representative are generally protected if they relied in good faith on a power of attorney that had not yet been revoked in a manner known to them.

A frequently debated issue is how to draft a power of attorney broad enough to cover foreseeable variations in a transaction (for example, changes in price or terms during a negotiation) without being so broad that a Turkish institution treats it as vague or insufficiently specific. Another debated area concerns the protection of third parties who dealt with a representative in good faith before a revocation became known to them, and how principals can most effectively ensure a revocation is communicated quickly to all relevant institutions and counterparties.

A principal wishing to grant authority for a Turkish transaction should identify the specific act intended (sale of a named property, representation in a named court case, banking transactions, and so on) so the document can be drafted with matching specificity. A principal wishing to revoke a power of attorney should identify every institution, counterparty and representative who was or may have been informed of the original grant, so that the revocation can be properly communicated to each of them.

There is no general statutory time limit on when a power of attorney may be revoked; the principal may revoke it at any time. However, the effect of revocation against a specific third party generally depends on when that party became aware of the revocation, so there is a practical urgency in notifying relevant parties as soon as a revocation decision is made, to limit the period during which a representative could still act with apparent authority.

A power of attorney is executed before a notary in Türkiye, or before a Turkish consulate or a foreign notary (followed by apostille or legalisation) abroad. Revocation is typically registered with a Turkish notary, and notice should also be given directly to any institution (land registry, bank, court) or counterparty that was aware of the original power of attorney. Disputes over the scope or effect of a power of attorney are resolved by the civil courts.

• the original power of attorney document and its exact wording;
• identification documents of the principal and the representative;
• for revocation, a notarial revocation instrument;
• proof of notice to relevant institutions and counterparties of the revocation;
• any transaction records showing acts performed under the power of attorney;
• correspondence relevant to disputes over the scope of authority granted.

Principals frequently assume that revoking a power of attorney before a notary automatically stops all activity under it everywhere, without realising that institutions and counterparties who are unaware of the revocation may still treat the representative as authorised. Representatives sometimes assume broad or ambiguous wording gives them latitude to act as they see fit, when Turkish institutions in practice apply a narrow, literal reading of the document. People also sometimes use an old power of attorney for a new, unrelated transaction, assuming its broad wording will suffice, only to have it rejected.

The two most common causes of trouble with Turkish powers of attorney are wording that does not match the intended transaction, and revocations that are not communicated widely enough to be effective. We recommend having the specific intended use identified and the document drafted accordingly before signing, and, where a revocation becomes necessary, notifying every relevant institution and counterparty promptly and in writing.