"How can I cancel a power of attorney?" What do you need for this? "- Every person who decided to write out the mentioned document should know the answers to these questions, because sometimes the need to perform actions on behalf of a citizen is being cleared by someone and there is still a power of attorney. And if so, in which order? All of the revocation of the power of attorney will be presented below: If prepared in advance, there will be no problems with this issue.
A power of attorney is ...
To begin with, it is worthwhile to understand which document is being discussed. A power of attorney is what? What document may need to be canceled?
The power of attorney is a kind of permission forthe implementation of actions and conclusion of transactions on behalf of a citizen. Something like the representation of a person by someone. In Russia, proxy actions are very popular.
Sometimes it may be necessary to recallof the document. But not everyone knows if it can be done. And how to act in this or that case. Is the power of attorney valid? How is it formalized?
Is there a right
The power of attorney is initially formalized only bygood will of a citizen whose rights will be protected. That is, this is a personal decision of everyone. Is it possible to cancel a notary power of attorney or any other?
Yes, there is such a right. But it can be done only directly by the one who gave permission to act on his behalf to another person. And you can withdraw the previously compiled document at any time. There are no restrictions on this issue. It is enough to follow a certain algorithm of actions and remember some rules.
In Russia, there are several types of powers of attorney. Which of them may be subject to cancellation? The answer is simple - that's all. In fact, if a person has changed his mind about granting the right to act on his behalf, no one is able to prohibit the cancellation of a permit. Is it possible to cancel a general power of attorney? Yes. And, as already mentioned, at any time. That's why citizens are very skeptical about such a document.
Now it is worth to learn about the processcancellation. In fact, there is nothing difficult in it. The first thing a citizen should know is that a third person who represents the interests of someone needs to be notified of his decision. Without this, it will not be possible to legally revoke the power of attorney.
The notification is solely in writingform. The citizen must have evidence that he fulfilled the first condition - warned about the recall. It is recommended to send a notification by registered mail. An alert is sent to the place of residence or temporary registration of a trustee.
If a decision is communicated orally or in any other way, a person must give a receipt stating that he knows about plans for the cancellation of the power of attorney.
Secret to the whole world
The next mandatory item is writtennotification of all those who know about the power of attorney about their decision. But it is important to understand that citizens and organizations should have some relation to the document mentioned. For example, if you have been given a power of attorney to conduct transactions in a bank, then you need to tell about the withdrawal of the financial organization's employees.
The process of sending a notification is exactly the same,as in the case of a trustee. The document is drawn up and sent in writing. In response, the applicant will be notified of receipt of the communication. Or, as has been said, a receipt is issued to the citizen, stating that the organization / person / official is in the course of the response.
Refund of power of attorney
How to cancel a power of attorney? It is worth paying attention to the fact that this procedure implies the return of a previously compiled document to a citizen. That is, the one who originally issued a permission to act on his behalf.
When is the power of attorney given? As a rule, at the time of receiving a notice of revocation of the document. Nothing difficult or special. Some problems can arise, for example, if you can not contact a trusted person. But about this a little later. First, it is worth considering in more detail the recall process.
At the notary
How to cancel a power of attorney concluded with a notary? To do this is not at all more difficult than in the process described earlier. The applicant must adhere to the following algorithm of actions:
- Collect the package of documents. These include an identity card and a statement on the revocation of the power of attorney.
- Contact the notary office and notify the notary of his desire.
- The notary (at the request of the applicant) notifies the trusted person about the termination of his authority, receives a receipt and a confidential document. Or the same actions are made by the citizen himself.
- If the notary acted, then upon notificationthe trustee is previously given a power of attorney to the applicant. Otherwise, you need to submit a receipt to the notary office, which refers to the successful notification of the citizen to revoke the power of attorney, and not to forget the document itself.
That's all. How to revoke the power of attorney? The process of annulling the representation is already known. Next is to understand some of the nuances of the recall.
For example, it is necessary to pay attention to the fact thatthe notification of the trustee about his decision is not the citizen's right, but his duty. Otherwise, all actions taken by proxy will be considered completely legal.
If you do not know where the trustee lives,it is required to send a written notification to the last known place of residence of the citizen. It is important to inform law enforcement authorities that the power of attorney was withdrawn. Where exactly to address? It all depends on the type of power of attorney. For example, if it is a document that allows you to make transactions with real estate, you need to contact the Rosreestr.
No power of attorney
Some are interested in how to recallpower of attorney, if the trustee refuses to return the issued permission to represent interests. There is nothing difficult in this. Under the law, the power of attorney is mandatory returned to the applicant upon cancellation. If the trustee does not want to give the paper, you need to report this to the law enforcement authorities. Since then, the actions taken on the issued document will be regarded as fraud.
Notarised power of attorney
How to cancel a power of attorney, which is callednotarial? In the Civil Code of the Russian Federation there is such a concept. The thing is that such a document can not be annulled. Its action is terminated only after the expiration of the specified period.
An irrevocable power of attorney is specified in Article 188.1 of the Civil Code of the Russian Federation. It is formalized in a strictly established form. In practice, it is not so common. Therefore, if it is a matter of ordinary power of attorney, then it can be annulled. And only in some cases, the operation is not feasible.
Through a notary
Also people are interested in how much it coststo cancel a power of attorney from a notary. The exact amount can not be called. Everything depends on the particular notary office. As a rule, the notification of proxies about the termination of the power of attorney costs 1-2 thousand rubles.
There are citizens who want the whole processrecall to hold through a notary. The problem is that such employees do not have any power to terminate powers of attorney. The applicant is fully engaged in this process. A notary is able to be a notifier. And nothing more. From now on it is clear how to cancel a power of attorney. In reality, everything is not as difficult as it seems.</ p>