The notary listed the cases of mandatory refusal to certify a power of attorney

The performance of notarial acts is strictly limited by law, and there are a number of situations in which a notary is required to refuse to certify a power of attorney. Maria Kornilova, a notary of the Leningrad Region, told Izvestia about this on January 21.

"The key restrictions relate to the age and legal capacity of the principal. Children under the age of 14 cannot independently issue power of attorney — legal representatives act on their behalf. Minors between the ages of 14 and 18 have the right to issue the document themselves, but only with the written consent of a parent or trustee, except in cases of disposal of their own income," she said.

For citizens who are recognized as legally incompetent, a power of attorney is issued by the guardian, and in case of limited legal capacity — with the consent of the trustee. If the power of attorney concerns the disposal of real estate, in all these cases, the consent of the guardianship and guardianship authorities is additionally required.

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The law also prohibits the issuance of power of attorney for the disposal of property to citizens undergoing bankruptcy proceedings. The notary is required to verify this status before certifying the document. It will also be refused if the applicant, who does not speak Russian, appeared without an interpreter, since the notary must ensure that the client fully understands the essence of the document and the legal consequences.

"Special rules apply to persons in places of deprivation of liberty. Suspects and accused persons held in pre-trial detention cannot delegate authority to dispose of property without the permission of an investigator or judge, which eliminates the risk of alienation of seized assets. Such a permit is not required for convicts serving sentences in penal colonies," the notary noted.

Kornilova also recalled that notarization is mandatory for powers of attorney for transactions requiring a notarized form, as well as for disposing of rights registered in state registers. Even when a notarial form is not required, contacting a notary provides advantages: a specialist will verify the identity, draw up a legally competent text, explain all the conditions and enter information into the notary's Unified Information System, which increases the security of the transaction.

Earlier, on December 4, it was reported that Rosreestr is considering extending the deadline for state registration of housing transactions belonging to the elderly in order to prevent fraudulent activities. It was noted that the situation with the purchase of apartments on the secondary market, known in the media as the "grandmother's scheme", or the "Valley scheme", arose due to the non-application of the norms of current legislation in controversial cases.

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