In accordance with civil procedural legislation, citizens have the right to conduct their cases in court through representatives. Personal participation of a citizen in the trial does not deprive him of the right to have a representative. To endow representatives with the appropriate powers in such cases, a power of attorney is drawn up. To select a representative and issue a power of attorney, you need to take into account a number of points.
Instructions
Step 1
Legal representatives (parents, adoptive parents, guardians), lawyers appointed by the court, and capable citizens, whose powers are formalized accordingly, that is, persons who have a power of attorney for representation, can represent someone's interests in court.
Step 2
The power of attorney can be drawn up and certified by a notary. To do this, a citizen in need of a representative should contact a notary office with his own passport and passport data of the person whom he instructs to represent his interests in court.
Step 3
The organization in which the principal works (studies) also has the right to certify powers of attorney. If the principal is in a medical institution, the administration of this medical institution has the right to certify the power of attorney. The situation is similar with military, military educational institutions and military units.
Step 4
A power of attorney can be drawn up at the place of residence and certified by authorized employees of the housing department, as well as by a homeowners' partnership, a housing, consumer or housing and construction cooperative.
Step 5
Heads of local administration and specially authorized officials of local self-government bodies also have the right to certify powers of attorney. Heads of places of deprivation of liberty certify powers of attorney if the principal is in places of deprivation of liberty. If the principal is in a social security institution, the power of attorney is certified by the administration of this institution.
Step 6
The power of attorney may indicate a complete list of procedural actions that a representative has the right to perform on behalf of the principal, or only a part of them. When drawing up a power of attorney, it is necessary to determine whether the representative will be endowed with the right to delegate his rights under the power of attorney to third parties, and for how long the representative will be entitled to represent the interests of the principal. If the term is not specified, it is considered that the power of attorney has been issued for a period of one year. The maximum validity period for a power of attorney is three years.
