What is a power of attorney? If you cannot attend an official act of any kind, you can authorise a representative to act for you. A power of attorney is a one-sided confirmation that two parties have agreed on contractual representation. Make sure you understand who the agent is and who the principal is.
Who is the principal and who is the agent?
The principal is the person who has someone else represent them at an authority or in certain dealings. The person being represented is called the principal, and their representative is called the agent. The agent then acts in the name of the principal and on their behalf.
Who can we grant a power of attorney to?
We can grant a power of attorney to a natural person or a legal entity. The difference is that a legal entity acts through its statutory bodies, while a natural person must handle everything in person. A power of attorney can also be granted to several agents at the same time, but you must state whether they have to act jointly or not. A power of attorney can be used only once or on a general basis, always in the absence of the principal.
What must a power of attorney contain?
The document must briefly describe the acts for which the power of attorney is granted. It is also a good idea to set the period during which the power of attorney will be valid. If we do not specify the acts, it will be a general power of attorney, which authorises the agent to perform all legal acts.
A power of attorney must contain:
- first name and surname
- date of birth (or birth number (rodné číslo))
- permanent address
The end of the document must include the place, the date and the signatures of the principal and the agent. A written power of attorney is only valid if the person who granted it can be identified. The signature can be officially certified at regional and municipal authorities, at the Czech Chamber of Commerce (Hospodářská komora ČR) or at Czech Post (Česká pošta). A power of attorney can also be certified by notaries, lawyers, captains of Czech Republic vessels, or Czech consulates and embassies abroad.
Termination of a power of attorney:
- if the principal revokes it
- if the agent terminates it
- on the death of the agent
- once the act for which it was granted has been performed
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