A power of attorney is a written document that one person issues to another for representation to third parties. The power of attorney can be issued both in simple writing and in notarial form.
There are not so many situations when the law requires mandatory notarization of a power of attorney. All of them are written out in the Civil Code of the Russian Federation. So, a power of attorney must be certified by a notary, if in the future it will be used for reassignment (Article 187 of the Civil Code of the Russian Federation), that is, to transfer the implementation of any actions by a trusted person to other people. In addition, a notarized power of attorney is required to obtain a repeated certificate of state registration of acts of civil status and for registration of rights to real estate. Thus, it is clear that in many cases a simple written power of attorney, without notarization, is sufficient. For example, to use someone else's car, a notarized power of attorney is not required. It is necessary only in cases where the representative (the one to whom the power of attorney was issued) will entrust the car to third parties or conclude transactions that involve a notarial form. But a notarized power of attorney will be needed for the sale of real estate. Since the purchase and sale of a house, land or apartment implies registration of rights to real estate, which means confirmation by a notary. The law allows, at your own request, to notarize powers of attorney that do not need it. In most cases, in order to protect themselves from incorrect execution of the power of attorney and to make the document more reliable, people do just that. However, there are situations when a person, due to certain circumstances, cannot issue a power of attorney from a notary. In this case, authorized officials can endorse it, and the power of attorney will have a notarial force. In particular, powers of attorney are equated to notarial ones: - military personnel undergoing treatment in a hospital, if they are certified by the signature of the head of the institution or the doctor on duty; - military personnel staying at points of deployment of military units where there are no notary offices, certified by the commander of the unit; - prisoners (powers of attorney confirmed by the head of the prison); - adult capable citizens who are in institutions of social protection of the population, certified by their administration.
