Power of Attorney (PoA), or in Farsi vekalatnameh, is a legal instrument that enables an Agent, vakil, to officially perform certain duties for the Principal, movakel. Technically speaking a PoA can be either drafted in a Notary Public in the country of Iran and is stamped and legalized by the Notary Public called, sardaftar, or can be drafted by any consulate offices of Iran in foreign countries. Powers of Attorney, are legal instruments forming a Principal-Agent relationship between for the Agent to perform certain legal, administrative, or even physical work which by law requires principal’s personal presence and signature. Carrying this form of Principal-Agent relationship can be for compensation or for free.
Regardless, a PoA can carry a very vital role in Iranian legal and administrative atmosphere and as result must be regarded with outmost importance. As the Agent (vakil) of a PoA can sell, buy, loan, settle disputes, and make all sorts of important legal decisions, you should take great care into drafting PoAs with intentional and educated decisions. You may encounter a list of pre-drafted PoAs on the Iranian consulate website, which you can chose to sign and legalize as a DIY project. Like most other DIY jobs, the result is not guaranteed. People make dire mistakes by signing PoAs without fully grasping the meaning of the duties being given to the Agent; and as a result, some will confront side effects of this blind trust. In order to make sure what you are signing and legalizing a Power of Attorney, please consider:
1- Hire Experts: Experts can provide their opinions on how the extent of each PoA varies and what measures must be considered before drafting a PoA. All PoAs drafted in the US or any other country and legalized by Iranian consulate Offices will have full effect in Iran and as a result must be fully understood.
2- Prevent drafting and signing comprehensive PoAs to individuals in Iran, unless you really mean to do so. We have seen many cases that individuals, relatives, attorneys in Iran to make their life easier (not so much yours) will ask you to give the a comprehensive PoA to sell and buy all your assets in Iran when you only needed for someone to rent an apartment.
3- Beware of boilerplate and template PoAs. For the same exact reasons mentioned above, read and understand every word of PoAs you intend to legalize before submitting them for legalizations.
4- Add a time limit to your PoA. PoAs can have a time limit, so practice your freedom of drafting it for a particular timeframe as you intend your agent will take to effectively represent you.
5- Do not re-delegate PoAs. Generally speaking all agents and most PoAs can have the right to delegate their duties to other individuals. Prevent them from having the option of re-delgating their duties to others so if you want them to be solely responsible for their actions.
6- Ensure all PoAs are revocable and you have the right to cancel them when you need to do so. An irrevocable PoA to sell can be so detrimental to your interest that even after noticing wrongdoing by your agent, canecelling the PoA can only be done in court proceeding.
7- Consult with us. And again always talk to us regarding your PoAs and the extent of which you would like to limit. Legal Persian will always be on your side!
