Legal Revocation of General Power of Attorney in Turkey

Revoking Power of Attorney in Turkey - Turkish Law Firm

Granting a general power of attorney (PoA) in Turkey is a significant legal act that authorizes another individual—often a lawyer, family member, or business associate—to act on your behalf in a wide range of matters. However, circumstances may change. Trust may erode, interests may conflict, or the principal may simply wish to regain control. In such cases, revoking the general PoA becomes an urgent legal necessity. Unfortunately, many individuals misunderstand the legal and procedural steps involved in this revocation, assuming that a verbal declaration or simple notification suffices. This assumption is legally dangerous.

In this comprehensive guide, the legal team at ER&GUN&ER Law Firm explains how to properly revoke a general power of attorney in Turkey in accordance with the Turkish Civil Code and notarial practice regulations. We detail how to issue revocation before a notary, how to notify the former attorney, and—critically—how to protect yourself against third-party reliance, unauthorized acts, or continued use of the revoked PoA. As English speaking Turkish lawyers with extensive litigation and advisory experience, we often handle PoA disputes where the revocation was attempted but improperly executed, resulting in serious financial and legal consequences for the principal.

Legal Grounds and Framework for PoA Revocation

Under the Turkish Civil Code (Türk Medeni Kanunu), powers of attorney can be revoked at any time by the principal, unless the contract explicitly provides otherwise. The key legal foundation lies in Article 512 of the Civil Code, which grants the principal absolute authority to cancel the power of representation. However, legal doctrine and jurisprudence require that such revocation be made in accordance with formal procedure, especially if the original PoA was granted before a notary public—which is the standard for most general or broad-scope powers.

The principle of good faith also plays a role. If third parties acted in reliance upon the original PoA before being notified of its revocation, the principal may still be legally bound unless the notice of cancellation was delivered in a timely and provable manner. Therefore, revocation is not just a matter of intent—it is a matter of execution and communication. A Turkish Law Firm must ensure the revocation complies with both formalities and strategic timing.

General PoA vs. Special PoA – Which Can Be Revoked?

General powers of attorney (genel vekaletname) give very broad powers over multiple legal areas—real estate transactions, litigation, financial management, company representation, and more. These are typically granted with indefinite duration. In contrast, a special PoA (özel vekaletname) is limited to a specific transaction or case. Legally, both can be revoked at any time, but the consequences differ. Revoking a general PoA often impacts a wide range of ongoing legal relationships, including real estate transfers or court proceedings. If the attorney has already used the PoA to initiate a transaction, its effects may partially survive even after cancellation.

For this reason, a properly structured revocation should include both notarial cancellation and explicit notification to every institution or party where the PoA may be on file. This includes land registries, banks, courts, tax offices, and any private counterparties. At ER&GUN&ER Law Firm, our legal strategy includes not only executing the revocation document itself but also preparing a tailored notification list to eliminate future disputes.

Step-by-Step Procedure to Revoke a Power of Attorney

Revoking a general power of attorney in Turkey requires a multi-step legal process. Unlike simply informing the attorney verbally, valid revocation must comply with Turkish notarial formalities. Here are the core procedural steps:

  1. Notarial Revocation: The principal must appear before a notary public and issue a formal revocation statement referencing the original PoA number, date, and scope. If the original was issued at a different notary, the revocation must still be done in writing, not verbally.
  2. Certified Notification to the Attorney: The notarial revocation alone is insufficient. A copy must be sent to the attorney by registered mail with return receipt (taahhütlü posta), PTT notification, or notary-delivered notice.
  3. Notice to Third Parties: Institutions such as the Land Registry, Trade Registry, banks, and tax offices must be notified individually. Without this, third parties may continue to accept actions from the attorney.
  4. Registry Annotations: For PoAs filed with public registries (e.g., Tapu Müdürlüğü, Ticaret Sicil), cancellation notices should be submitted and annotations requested.

This structured approach ensures that both legal and practical effectiveness is achieved. The cancellation is not truly complete unless third parties are aware and have acknowledged the revocation. Our English speaking Turkish lawyers routinely handle revocation notices, including preparation, delivery, and legal confirmation filings across relevant institutions. This is especially critical in disputes involving real estate or commercial assets.

Legal Consequences of Not Notifying Third Parties

Failure to notify third parties after revoking a general PoA may result in unauthorized legal acts that still bind the principal. For instance, if a real estate sale is made using a previously revoked PoA, and the Land Registry was not informed, the sale may be considered valid and binding. Turkish courts have ruled in multiple precedents that the burden of preventing third-party reliance lies with the principal. This risk is particularly high in high-value real estate, business shares, and financial transactions.

In such cases, litigation may become necessary. The principal may need to file a lawsuit to annul the unauthorized transaction or prove that the counterparty acted in bad faith. This can take months or even years. Preventing such scenarios begins with executing a robust and proactive revocation plan, something our firm integrates into every revocation strategy we offer.

Common Mistakes in Revoking a PoA

One of the most frequent errors is believing that signing a new PoA automatically cancels the previous one. Under Turkish law, unless the new PoA explicitly revokes the earlier authority, both remain legally active. This can create severe conflicts if two different attorneys act under overlapping mandates. Another mistake is assuming that simply tearing up a PoA document invalidates it. Legally, the document’s existence is in the notary’s archive—not just the copy in your hand.

We often encounter clients who verbally instruct their attorney to stop acting and assume the authority has lapsed. Unfortunately, unless a formal revocation is executed and delivered, the attorney’s actions remain binding. To avoid such mistakes, our legal team prepares dual-language revocation notices, institutional templates, and even court protection filings if there’s a risk of urgent abuse.

Institutional Notification List: Who Must Be Informed?

Based on the original scope of the general PoA, you must notify all relevant parties. A typical institutional notification list includes:

  • Land Registry Directorate (Tapu Sicil Müdürlüğü)
  • Trade Registry (Ticaret Sicili)
  • Tax Office (Vergi Dairesi)
  • Banks and Financial Institutions
  • Court where litigation may be pending
  • Municipal Property and Real Estate Departments
  • Customs Directorate (if used in import/export mandates)
  • Any private company or person to whom the PoA was shown

Failure to send proper legal notice to any of the above can result in partial effectiveness and delayed protection. For clients with urgent or international situations, our team coordinates certified translations, notary apostilles, and consular registration to ensure global enforceability of revocations.

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Conclusion: Legal Clarity Prevents Costly Mistakes

Revoking a general power of attorney in Turkey is not just a formal step—it is a legal safeguard that must be executed with precision and strategic foresight. An improperly cancelled PoA may continue to expose the principal to unauthorized transactions, legal liability, and irreversible damage. Whether your concern is real estate, corporate authority, litigation, or financial access, revocation must be done in compliance with Turkish notarial and civil code requirements—and must be communicated properly to all relevant parties.

At ER&GUN&ER Law Firm, we help clients secure full legal protection through properly structured and documented revocation procedures. Our English speaking Turkish lawyers provide complete PoA review, notarial cancellation, institutional notification, and litigation support if needed. Don’t leave your authority in the wrong hands—take legal action with confidence and clarity.