Full or Plenipotentiary power of attorney is a type of power of attorney in which a lawyer is given the authority to act in all financial and legal matters. In fact, the person delegates all his powers, obligations and duties to a third party in one place.
This type of power of attorney is such that the client in the regulatory power of attorney gives all his material and administrative affairs to the lawyer and it is no longer necessary to give a new and even separate power of attorney for some new work, power of attorney can be formally adjusted; that is, regularized in the form of manuscripts or even formally in notarial offices.
Types of power of attorney by law:
The power of attorney is divided into two types according to the method of regulation:
Ordinary power of attorney: This type of power of attorney is written between the two parties without attending the notary.
Authorized power of attorney: In this type of power of attorney, the parties appear in the notary public office and formally prepare the power of attorney. Obviously, a formal power of attorney is more valid than a regular power of attorney.
Plenipotentiary power of attorney may also be granted on a temporary basis or temporarily. If it is granted without dismissal, it cannot be dismissed by the lawyer and it will be dismissed only in special circumstances such as resignation, death, etc.
The powers of a full-fledged lawyer
Even in full power of attorney, the limits of the power of attorney must be specified, including the power to do financial, administrative, legal, etc. Even the authorities in which the lawyer has the right to act must be specified in the contract and therefore just mentioning the word full power is sufficient. is not.
How can a full-fledged power of attorney be revoked?
If the full power of attorney is not irrevocable, the power of attorney contract will be terminated in two ways:
- Dismissal of a lawyer by a client
- Lawyer resignation
Question: Can a lawyer represent another person in the case?
Answer: If a power of attorney has been concluded between the lawyer and the client, the person who has been introduced as a lawyer does not have the right to assign the power of attorney to another unless this issue is explicitly specified in the power of attorney. If the lawyer assigns the power of attorney to another without the permission of the client, both the lawyer and the third party who has assigned the power of attorney to him without permission are liable to the client for damages.
Obligations of the lawyer in the power of attorney
A lawyer can not do anything that is against the power of attorney or against the interests of the client, and if he violates such a law, he is responsible and must consider the full interest of the client in the actions he performs on behalf of his client. And he should not violate the power of attorney granted to him by the client.
The lawyer must inform the client about the actions he / she takes in the field of voluntary or simple power of attorney and if he / she has received sums instead of the client, it is necessary to deliver it to the client.