Delegation of power of attorney is a procedure prescribed by law, which allows a trusted person (representative) to transfer his powers to another person on the basis of an already existing power of attorney. It is an important legal tool that provides flexibility in the performance of obligations and ensures continuity of legal actions even in cases where the primary representative is unable to fulfill his duties.
Delegation is a process in which the primary representative (proxy #1) issues a new power of attorney to a sub-representative (proxy #2). This allows the sub-agent to act on behalf of the principal within the scope of the authority granted to the primary agent. A sub-representative can perform the same actions that were delegated to the primary representative under the original power of attorney, if the terms of the original power of attorney allow it.
Issuing a power of attorney delegation consists of several important steps:
Checking the possibility of reassignment: it is necessary to check whether the original power of attorney allows the possibility of delegation. This should be stated in the document or follow from its content.
Preparation of a new power of attorney: if delegation is possible, the primary representative applies to the notary to draw up a new power of attorney for the sub-representative, where all his powers must be clearly spelled out.
Notarization: the new power of attorney must be certified by a notary to give it legal force.
Notification of the principal: the primary representative is obliged to notify the principal about the delegation, and in some cases - to obtain his written consent.
The main restrictions for reassignment
Not every power of attorney can be delegated. The main limitation is that the possibility of delegation must be provided for in the original power of attorney. If the principal did not specify such an option in the document, reassignment is not possible. It is also important to remember that the primary representative is obliged to inform the principal about the delegation and to provide all the necessary information about the sub-representative and his powers.
Important points to consider
Validity period: the power of attorney issued in the order of subordination cannot exceed the term of validity of the original power of attorney.
Responsibility: the primary representative is responsible for the actions of the sub-representative to the principal, which means that the sub-representative acts on behalf of the principal but under the control of the primary representative.
How can our notary office help?
Issuing a delegation of power of attorney is a complex process that requires strict compliance with legal regulations. Our notary office offers a full range of services, including:
Individual approach: we analyze each situation in detail and provide optimal solutions for your needs.
Legal consultations: we provide advice at every stage of document preparation, helping to avoid possible mistakes.
Protection of your interests: our specialists ensure compliance with all legal requirements, protecting the principal's rights and ensuring the legality of the delegation.