Power of Attorney

You can’t be in two places at once

Unless you are an atom or a subatomic particle governed by quantum physics, chances are you can’t be in two places at the same time, no matter how convenient that would be! Imagine: Leave one self working at the office, while the other, fun loving self enjoys dipping a koulouri in a cup of aromatic greek coffee, under the shade of the huge, ancient sycamore tree in the middle of the old horio…pytios3

What if I told you that almost anything YOU can do (in legal terms), you can give the power to SOMEONE ELSE to do it on your behalf? “What sorcery is this?” you ask! Here’s where the need for a proxy becomes apparent. Within the Greek legal system, you can empower another individual to perform specific acts of legal importance. Those acts will benefit you or burden you in the same way, as if you had performed them yourself. Your proxy will be your authorized agent performing within the powers that you have allowed them to carry.

Who can give a Power of Attorney

Any person, who has legal capacity, i.e., who is of legal age and of sound mind, and has not been restricted in the exercise of their legal rights, has the ability to give the Power of Attorney to another individual to perform almost any legal right, with a few notable exceptions (discussed below). This is extremely helpful in situations where distance is a burden (you are in a different city or in another country), or when time is precious (you are too busy with work or there is a time limit for filing papers), or if poor health is a problem, or when other duties get in the way (you have to cover for a colleague or there’s an emergency at home), or even when one does not want to be involved in some proceedings in person (for example divorce court proceedings).

What can be conveyed

IMG_8677As a rule of thumb, anything you can do (within the legal realm) you can have someone else do it for you. You want to buy a house? You can sign a Power of Attorney and have another person go through all the proceedings. At the end of the day, you will be the proud owner of the house without having lifted a finger.

Nevertheless, there are some very important restrictions and exceptions.

a) One cannot convey more rights than they own.

If you own half of the vineyard and your sister owns the other half, you cannot sign a Power of Attorney to sell the whole property. You can only sign for the part that belongs to you.

b) There are some rights that cannot be performed by anybody else, but their holder. These rights are so personal and so intertwined with one’s personality that they are impossible to be performed by a proxy.

Any right that arises from parenthood is impossible to be signed off to a proxy. You can’t get married by sending someone else to the chapel with a PoA in their hands. The right to vote on national or regional elections can only be exercised in person (but voting within corporations or companies is generally within the rights that can be performed by an agent).

c) Illegal or criminal acts are well outside the scope of “rights” that can be conveyed with a Power of Attorney.

The purchase of contraband merchandise, if performed by a person, who claims that they are acting under a Power of Attorney, will still by a criminal act and both the principal and the agent will be held accountable as accomplices.

Not all Powers of Attorney are the same

IMG_8676Depending on the task to be performed by the agent on behalf of the principal, there are mainly three types of Power of Attorney. The general rule is that if a Notary Public would be necessary to draft and sign the main legal act, then a Notary Public needs to draft and sign the Power of Attorney. In addition to that, Greek Law demands a Notary Public’s Power of Attorney for some specific legal rights to be performed by a proxy. Having that in mind, we can distinguish between three different situations:

a) If you want your proxy to pick up your mail from the post office, connect your home’s landline, discontinue your cable service, apply for and receive a copy of your birth certificate, issue a tax ID number for you, or sell your car, you don’t need a Notary Public for your Power of Attorney. You only need to verify your signature on the PoA and you’re good to go.

b) If you want to buy/sell real estate, to appear in front of the Supreme Court, to participate in Family Law proceedings (divorce), but you don’t want to do it in person, you will need to ask a Notary Public to draft and sign a Power of Attorney. The Notary Public must be one of the registered ones in Greece, or a Consulate General in one of our Consulates abroad, or a foreign Notary Public, provided that the Power of Attorney is stamped with the Apostille (according to the Hague Convention).

c) If you want a lawyer to represent you in any or all legal proceedings for a specific case or a specified duration (up to five years), you will need to ask a Notary Public to draft up a General Judicial Power of Attorney.

Apostille

The Power is not without limits

The Power of Attorney expires as soon as the issue, for which it was drafted, is resolved. Using the same example of a real estate sale executed through a proxy equipped with a notarial Power of Attorney, as soon as the property is transferred and the transfer is registered, the PoA has no reason to exist any longer and it fades into oblivion, kept only in the archives to prove that the transfer was done legitimately in the name of the principal, through the hand of the agent.

Furthermore, the Power of Attorney dissolves when either the principal or the agent pass away, or become legally incapacitated.

Almost all Powers of Attorney can be freely revoked at any time. This revocation stops the effects of the PoA and prevents it from producing any legal effects in the future. It does not reverse the acts that have already been performed by the proxy. To retract the powers given to the proxy, you need to follow the exact same procedure as when you gave them those powers (Notary Public, etc.) and you need to notify the proxy and anyone else involved in those relevant legal acts. For example, if you had empowered your uncle with a simple PoA to regularly pick up your registered mail from the Post Office, but you realized that he is not doing such a great job at it, you can revoke the PoA, notify your uncle to stop going to the Post Office, and warn the employees at the Post Office not to accept your uncle any more as your agent.

The only exception to the freely revocable Power of Attorney is for those that are drafted for the sole benefit of the agent. This is easier to understand through an example: Let’s say you give a parcel of land to a contractor to build a condo building. The contractor gives you the money and you give him the Power of Attorney to transfer the titles to the new owners, when the condos will be finished. That Power of Attorney is irrevocable, because it is for the sole benefit of the agent (the contractor), since you have already received your money for the transfer of your land.

Necessary documentation for drafting a Power of Attorney

If you need a Power of Attorney, it is very likely that you should prepare yourself for a visit to the nearest Greek Consulate. Before you do that, please, contact me. … If you chose not to contact me, make sure to contact the Greek Consulate and try to book an appointment with the employee responsible for preparing the Powers of Attorney.

You will need to email them a draft of the PoA with all the specific legal acts to be performed by the agent (real estate sale or purchase, acceptance or renunciation of inheritance, withdrawal of monies, etc.) and everybody’s detailed personal information (your and your proxy’s full names, father’s name, mother’s name, full address, occupation, and Greek tax serial number).

In that email, you have to fill out and attach an application, along with scans of your Greek ID or passport and of your proxy’s Greek ID.

When the time of your appointment comes, you need to appear in person and you need to remember to bring your Greek ID or passport.

If you need a translator, the Consulate will provide one at a (significant) cost. And while we are on the topic of cost, every page of Power of Attorney will set you back around € 30.00 ($ 32.00), including your very own certified copy.

Power of Attorney: a great legal tool

tool-boxDrafting, amending, correcting, preparing, signing, copying, or editing Powers of Attorney has been an almost daily occupation throughout my 20 years of legal experience. I will not claim that I’ve seen them all, but it certainly feels like it. I feel confident that I am ready to guide you through the legal maze and prepare the PoA that’s right for you.

Having travelled through the magnificent and mystical world of legal concepts and having witnessed the miraculous appearance of proxies, the signing of papers from afar, the transfer of property from persons other than the owners, you must admit that this wonderful legal tool, the Power of Attorney, is pretty magical!

I encourage you to ask questions in the comments below.

20 thoughts on “Power of Attorney

    1. Hello, Ray.
      Thank you for your question.
      A Priest has absolutely no power to place the Seal of Hague (Apostille) on a document; neither can his signature, stamp, and/or seal substitute the Seal of Hague (Apostille). Only the Secretary of State Office has authority to place the Seal of Hague on public documents.

      On the other hand, the Secretary of State Office will NOT place the Seal of Hague on any document issued by the Church (separation of State and Church). If you have a Church document, you might have to obtain certification (stamp, signature, and seal) from the Metropolis.

      I hope this helps.
      Sincerely,
      Christos Kiosses

      Like

  1. Hello Chris
    My mother past away 5 years ago and left my father, brother and myself as the power of attorney for her house in Greece. My father is going to Greece in the next week or so and we would like to sell the house to a family member. However, we are not sure how to go about giving my father all power of attorney to go ahead and sell the house. We live in Ontario Canada. We would really appreciate it if you could help us figure out what we need to do?
    please and thank you

    Like

    1. Hello, Mary.

      Thank you for your message and for all the information.
      I’m sorry for your loss. Can you, please, explain what you mean when you say that your late mother left you guys as the power of attorney? Did she actually sign a Power of Attorney before she passed away? If she did, it is no longer valid, since she is no longer with us. Did she by any chance leave a will? Who are the beneficiaries, if she did? If there’s no will, then the property (according to Greek Inheritance Law) goes to your father (25%), your brother (37.5%) and you (37.5%).
      As for selling the property, your father will need a Power of Attorney from the two of you. He will first have to accept the inheritance for himself and on behalf of your brother and you. After that, he will be able to sell to a third party.
      In order for you to sign a valid Power of Attorney, you will need to visit the Consulate General of Greece. Call their Power of Attorney section and try to book an appointment. If they ask for a draft (for the Power of Attorney), I could help you with that. You will need to send me all the relevant information in an email (christos@kiosses.com)
      If you need anything else, please, let me know.
      Sincerely,
      Christos Kiosses

      Like

  2. Hello Christos.
    My mom passed away two months ago . Her brother was power of attorney in Greece. I understand that it is now void since she passed. How do we become power of attorney of her property, if needed? Or do we just need to accept inheritance? She doesn’t have a will however. Will her property go to us automatically?
    Thank you ahead of time
    Sofia

    Like

    1. Hello, Sofia.
      Thank you for your message. I am very sorry to hear that about your mother.
      Since there is no will, who are the closest relatives? Your father? You and your siblings?
      According to intestate succession law in Greece, the surviving spouse receives 25% and the children get the rest 75% divided equally amongst them. Consequently, you need to initiate the process of accepting the inheritance.
      If you need my help, please, let me know. My email is christos@kiosses.com
      Best,
      Christos Kiosses

      Like

  3. Thank you for giving us the opportunity to ask questions. I have one regarding the power of attorney I have received. It was drawn up in greek at the greek consulate overseas so that i can act on behalf of my sisters in greece. Do I need to have one or two certified copies as I need to get lots of certificates for them e.g. afm as well as organising gifting? Are simple photocopies accepted in greece? Thank you

    Like

    1. Hello, Anastasia.

      Thank you for your comment and you are welcome.

      You can obtain as many certified copies as you need. They will charge you for each copy, though.

      Most offices in Greece will accept photocopies. Just make sure that you have the certified copy with you to show them.

      If you have any other questions, please, let me know.

      Best Regards,

      Christos

      Like

  4. Hello Christos,
    I think that I will be needing a power of Attorney. My mom would like to bestow that upon me so I can go to Greece and declare some land. On the Consulate page, it says that she needs to bring a Greek passport or ID. I have these things, but she does not have any of these Greek IDs. She was born and raised in Greece. But has not been there for 15 years. Can we still do a power of Attorney. I have a Greek passport and ID. Best Regards
    Kyriakos Meligkaris

    Like

  5. Hi Christos,
    She has a valid Ohio Drivers License. I believe her passport is expired. But I will check. Is it true that a power of attorney must be written by a Lawyer practicing in Greece?
    Best Regards
    Kyriakos

    Like

    1. A Driver’s License is not enough, because it is issued be a State. It needs to be a document issued by the Federal Government, like the US Passport.

      A Power of Attorney document can be drafted by the Consulate General, a Notary Public in Greece, or a Notary Public here, who is also a licensed Attorney.

      Like

  6. So, basically. The only acceptable form of ID would be a passport as she is not in the Military or any other federal department?

    Like

  7. Hello, my parents transferred all their property to my sister’s name and mine. Now with the land registry becoming a reality my father has asked for power of attorney from both of us (separately of course as the properties and homes were equally split). We have an appointment at the NYC consulate but aside from a form to be filled out and sent back to consulate we are not sure how best to proceed. Do we need to come with a prepared document to the consulate or do they write one out granting power of attorney. My father insists that in Canada where he and my mother lives, don’t have to and that the consulate in Montreal prepares the document. Yet, the NYC Greek Consulate states you have to come with a prepared document. Any insight or help you can offer would be most helpful. thanks Nick

    Like

    1. Hello, Nicholas.

      Thank you for your message and for your questions.

      From my experience, the Consulate General employees always ask for a draft of the Power of Attorney document to be signed. I have done it several times for my clients.

      If you need any assistance, please, email me directly (christos@kiosses.com)

      Thank you and have a nice day.
      Best Regards,

      Christos

      Like

  8. Hello Christos,
    My mother gave me a piece of land in Greece a few years ago. I live in Massachusetts. I just put the property up for sale. I asked an attorney there to collect all the necessary documents to be ready if we find a seller.

    The attorney asked for s power of attorney and also she also ask my bank details in Greece for me to send money to and then she will withdraw to pay the expenses. Is that the best way to do this and how secure is the bank piece as we do not feel comfortable. Is there a better way to do this? Some of the expenses like engineer and accountant I can pay directly. I also want attorney to sign on my behalf when sold if I cannot go to Greece. How would the money get transferred here. Is here another power of attorney for that.
    Thank you for your advice
    Androulla

    Like

    1. Hello, Androulla.

      Thank you for your message and for your questions.

      You can achieve all these tasks through the Power of Attorney.

      You need to trust the person you are conveying powers to. Is this Attorney a person you know and trust? What are the specific powers you are giving her? Has she provided a detailed description of the relevant costs?

      You can wire the funds to her bank account or you can use the other available methods (Western Union, PayPal, Zelle, etc.).

      You can always pay the different professionals directly (Accountant, Civil Engineer, Notary Public, etc.) or you can wire the whole sum to the Attorney. I would do the latter, to avoid multiple bank fees.

      You can ask the potential buyer to wire the proceeds of the sale directly to your bank here in the US. If they cannot do that, it will not be very easy to get the cash out of Greece. According to Greek Law, all payments need to be made through a bank either by a wire transfer or a cashiers check. Consequently, you’re either stuck with the money in the bank or with a check that has to be deposited to an account in Greece.

      You can get your money out, if you prove that you are a resident abroad and you’re not afraid of carrying cash on your person. You will need to claim it with the Greek (European) Customs as well as with the US Customs upon your entry. You will need a copy of the sale contract.

      Lastly, you can always sign a Power of Attorney to someone you trust here, who will travel to Greece on your behalf, sign, and carry the money back to you. I have done it for my clients.

      I hope this helps. If you have any other questions, you can always email me at christos@kiosses.com

      Thank you and have a nice day.

      Sincerely,

      Christos

      Like

      1. Hello Christos,
        Thank you very much for the information! It is very helpful!

        Much appreciated,
        Androulla

        Like

  9. Hello Christos, I am my mother’s power of attorney in Canada but I do not have a Greek power of attorney. Is the Canadian power of attorney acceptable to make financial decisions for her in Greece like sell property o open an account for her?

    Like

    1. Hello, Libby.

      Thank you for your message.
      You will need to take your documents to the nearest Consulate General of Greece in Canada. They will guide you through the process of certifying the Power of Attorney that you have, so you can use it in Greece.

      If you have any other questions, please, send me an email at christos@kiosses.com

      Have a nice day.
      Best Regards,

      Christos

      Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s