Tip 1: How to change the power of attorney

Tip 1: How to change the power of attorney



Power of attorney is issued by a practicing notary on the basis ofsubmitted documents of the principal and the authorized representative, with their personal presence, after the application has been submitted. Errors, inaccuracies, incorrect information in the document can be corrected, observing certain rules specified in the law on notaries.





How to change the power of attorney


















You will need




  • - passport;
  • - application;
  • - receipt for payment of state duty.




Instructions





1


There are three types of power of attorney. Once - allows you to execute one order, after which its validity period ends. Special - gives the right to perform a number of certain instructions, its term also ends after the list of instructions is exhausted. The General Power of Attorney gives the right to the authorized person to perform any legally significant actions for the principal within three years.





2


Any power of attorney can be canceled ahead of schedule. The principal has the right to do this, having addressed to the notary and having preliminary notified the notarized representative in writing. The trustee has the full right to refuse to perform his duties, return the power of attorney to the notary and to notify the principal in writing of the cancellation of his powers.





3


If the principal or proxy has noticed inpower of attorney errors, inaccuracies or incorrect information, they are obliged to apply to a notary at the place where the document is drawn up, to submit documents confirming the correct information and to write an application for making changes and conducting accurate records.





4


Minor inaccuracies, mistakes made by a notarythe notary himself corrects, crosses out one by one, so that all records are easily read, puts his signature, stamp and resolution "corrected to believe." If there are many errors or inaccuracies, the notary draws up a new document, the erroneous power of attorney destroys. The service for correcting mistakes made by a notary is completely free.





5


In case the principal or notarythe trustee plan to change the terms, the type of instructions, other legal information in the received power of attorney, they must together turn to the notary with a passport, application, pay a state fee for the service provided. The notary will issue a new document. Make corrections, Change, additions to the received power of attorney can not.





6


Correct any information, inaccuracies in the revoked power of attorney or in an expired document is impossible.




























Tip 2: How to cancel a general power of attorney



The General Power of Attorney is issued for a period of threeyear on the basis of Article 185 of the Civil Code of the Russian Federation. The Principal has the right to cancel the power of attorney at any time, and the trustee may refuse the authority (Article 188 of the Civil Code of the Russian Federation). For this, it is necessary to comply with a number of requirements specified in Article No. 189 of the Civil Code of the Russian Federation.





How to cancel a general power of attorney








You will need




  • - passport;
  • - application;
  • - receipt for payment of state duty;
  • - a registered letter with a list of attachments.




Instructions





1


If you are a principal and plan to cancel the general power of attorney before the expiry date, refer tonotary at the place of issue of the document. Write a statement, pay a state fee for services. The reason for cancellation of the power of attorney you have the right not to specify, as Article 188 of the Civil Code of the Russian Federation provides that the principal has the right to annul the issued general power of attorney without explanation of the reason.





2


Notify your authorized representative about the cancellation of the general power of attorney. To do this, send him a notice with a valuable letter with a list of attachments, which will be handed over against receipt.





3


Within three working days from the receipt of the notification, the trustee is obliged to apply to the notary and return the issued document.





4


If you are a trustee and want to give upExercise of the powers presented to you under the general power of attorney, apply with the application to the notary at the place of issue of the document. Pay the state fee for services, present your passport and return the issued document on the general power of attorney.





5


Send your trustee a writtennotification by registered mail with a list of attachments. It is necessary to do this immediately after you have refused the power of attorney and returned it to the notary office at the place of issue.





6


If neither the principal nor the trustee has waived the general power of attorney, the term of its validity ends automatically after 3 years from the date of issue.





7


Legal transactions for canceled or overdue general power of attorney are considered void. Therefore, all persons dealing with a notary trusted person need to ensure that power of attorney acting, and the transaction is not considered void. To do this, it is enough to apply to the notary office at the place of issue of the document and to verify its authenticity and that the validity of the general power of attorney has not expired.












Tip 3: How to issue a power of attorney for a deposit



Opening a deposit in the bank, few people think,that there may be a situation in which money is urgently needed, but the owner of the deposit will not be able to visit the bank on his own to withdraw them from the account. Therefore, it is necessary to give the opportunity to dispose of funds placed on deposit to a trustee.





How to issue a power of attorney for a deposit







In the life of any person, unforeseen happenThe situation when money is needed immediately, and the opportunity to visit the bank is not personally available. In this case, your right to dispose of money can be transferred to another person. The mechanism that allows the transfer of rights is called issuing a power of attorney. Today, you can draw up a power of attorney in several ways.

Methods of issuing a power of attorney

The procedure for drawing up powers of attorneyis regulated by Article 185 of the Civil Code of the Russian Federation. It provides for issuance of a power of attorney for the deposit: • directly in the bank's office by its specialist, to whom this right was delegated • in a notary's office by a notary • by executive authorities and local self-government • by the head of a housing department, a housing maintenance department or a homeowners association in the place of residence • the head of an organization where the principal learns or works • the chief physician (or his deputy on the medical part) of the hospital where the principal is on the cure. The power of attorney is made only in the presence of the depositor. The presence of blots, erasures or corrections in this document is not allowed.

Order of drawing up

There are 2 options of powers of attorney formanagement of deposits. In one case, the power of attorney is issued for the right to dispose of funds in the deposit. They can be withdrawn in cash, transferred by cashless transfer to other accounts, or specify a specific amount within which the trustee can dispose of the money. In addition, the contribution can be replenished. In the second case, the power of attorney allows you to dispose directly of the deposit, which means that it can be closed, re-registered, presented or bequeathed. Such power of attorney is usually notarized. An authorized person can be any capable citizen over 18 years of age. In addition, powers of attorney can be issued for minors, starting from the age of 14 years. This will require the written consent of the child's parents or guardianship authorities.

Validity

It is regulated by art.186 of the Civil Code of the Russian Federation, according to which it is possible to delegate the disposition of the deposit to a third person for no more than 3 years. If the term of validity of the power of attorney is not specified, then it remains valid for 1 year. The power of attorney begins to operate from the day it was drawn up. If the date of issue is not indicated in the power of attorney, it is considered null and void. The trustee has the right to withdraw his power of attorney at any time by making a corresponding application. From the day it is received by the bank's employees, the power of attorney is considered to have lost its effect.