Power of attorney in free form. How to write a power of attorney for an individual from an individual

A power of attorney in free form is a document,granting the right to represent one person to another before third parties (clause 1 of Article 182 of the Civil Code of the Russian Federation). If properly filled, it can be handwritten.

Types and terms of powers of attorney

According to the law of the Russian Federation, the document can be issued to one or several capable persons aged 14 and over with the goal:

• disposing of income;
• the exercise of copyright;
• making and disposing of deposits in credit institutions;
• fulfillment of domestic transactions, according to the law, not requiring an assurance from a notary;
• acquisition of membership in various organizations;
• making any transactions that do not contradict the law, etc.

Types of powers of attorney:

1. The total. It is issued for making various transactions for a certain time (for example, for representation of the head office of the company by regional branches).
2. Special. It is issued for the performance of certain types of transactions (obtaining of goods and materials, representation in court, etc.).
3. One-time. Issued for one strictly specified deal.

If the period of validity in the document is not specified, thenthe power of attorney is valid for 12 months from the moment of registration. How to draw up a power of attorney? It is not difficult. The principle of filling documents of different types is similar.

Filling algorithm

The power of attorney in free form is written according to the following plan:

1. Think about which specific powers and who are trusted.
2. It is required to find out the passport data and the address of the person to whom the power of attorney will be issued.
3. Requisites of trusted property must be written in the document.
4. Writing the title of the document and stating the date.
5. Specification of the details of the principal (passport data and address of residence).
6. Writing the validity period of the document.
7. Confirmation of the power of attorney by the personal signature of the witness, the organization where he works or studies (for real estate transactions it is necessary to notarize the document).

How to write a power of attorney

How to write a power of attorney in free form? In order for the document to become legally valid, it is necessary to properly execute it, observing certain conditions:

1. Use black or blue ink.
2. The document is written on any blank sheet of paper, preferably A4.
3. The power of attorney can be issued by a separate document, and can be recognized as such in another form (as part of an order, a telegram, a contract).
4. The document must be correctly certified (in cases provided for by law - notarized).
5. In the power of attorney, the registration deadline is mandatory (the term of the document is optional, if it is not required for more than 1 year).
6. The data of the principal and the trustee must be accurately registered.
7. The document should contain a clear statement of the powers of the trustee.

The power of attorney, which requires the notary to certify:

• intended for the performance of a transaction under a contract for the transfer of debt, rent, assignment of right of claim, etc .;
• used for state registration of any kind;
• intended to exercise the right of substitution;
• a document with a prescribed paragraph on the impossibility of cancellation before the expiration of its validity period (irrevocable power of attorney).

In addition, notarized attorneys (but without the actual notary mark) include documents issued:

• military personnel;
• people in prison;
• persons who are in social institutions (provided they are of legal age and legal capacity).

Trust

In some circumstances, a valid power of attorney for an individual from an individual can be transferred. This is done only if the following conditions are met:

• third parties are informed of the change of the authorized person without fail;
• the document must be notarized;
• in the new power of attorney the requisites of the original document are prescribed;
• The validity period of the new document does not exceed the term of the power of attorney originally issued.

Required fields

The power of attorney for an individual from an individual is filled in the following way (mandatory fields):

1. Date of issue. It is advisable to indicate it in words.
2. The person who issued the power of attorney in free form (the principal).
3. The person to whom the document is issued. In the second and third paragraphs, abbreviations should be avoided. Completely prescribe the full name, passport details, places of residence and residence.
4. Powers of the trustee, who clearly and without "nebulae" are listed. It is best to avoid general wording at this point.
5. Signature of the principal, which must be genuine.
6. The term of the power of attorney is indicated at will (can be any).

A sample document in free form

An example of a power of attorney in free form is as follows (table below).

The most popular types of powers of attorney

Any found example of a power of attorney can be rewritten to suit your needs. The most popular types of document:

• trust in the execution of a contract for the purchase and sale of residential or non-residential premises;
• trust in obtaining certain documents;
• trust in representing interests in a tax or bank;
• trust in the right to sign documents;
• trust in receiving pension payments;
• trust in using the car (also with the right of sale), etc.

A power of attorney in free form to receive a parcel

If, for any reason, the owner of the parcel can not himself take it from the liaison office, then the trustee may act as the recipient.

There are several options for presenting the document:

• the authorized person takes the parcel at the post office, presenting a passport and a one-time power of attorney in free form (which remains with the employees of the liaison office);
• the recipient shows his passport and leave the post durable power of attorney (for several parcels);
• the trustee presents the passport and a copy of the long-term power of attorney to the postal workers.

How to draw up a power of attorney for receiving a parcel? An example of such a document is considered in the table.

The power of attorney in free form to receive documents

Power of Attorney from an individual to receivedocuments is compiled by analogy with other types of similar documentation. But if you want to get paper, for example, for ownership or to register real estate, then the notarization is a necessary condition.

A power of attorney is an important document. From the knowledge of the basic rules of its design and filling, the success of a case can depend.