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Power of attorney template

Authority for someone to sell your car, collect a parcel or sign a contract for you, under the Slovak Civil Code

This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.

Law in force as at

Document outlineParagrafo

Plnomocenstvo

Under Slovak law
  1. I. Splnomocniteľ
  2. II. Splnomocnenec
  3. III. Rozsah plnomocenstva
  4. IV. Ďalší splnomocnenec
  5. V. Trvanie a zánik plnomocenstva
  6. VI. Záverečné ustanovenia

With a power of attorney you authorise someone else to perform a legal act for you: sell a car, take over an item or sign a contract. When the attorney acts in your name within the limits of the power of attorney, the rights and obligations arising from it belong directly to you.

A power of attorney must state the scope of the attorney's authority. It must be in writing when the act itself must be in writing, and always when it does not concern only a specific legal act.

You may revoke a power of attorney at any time, and you cannot validly waive that right, even if the power of attorney says so.

Who needs this document

  • A seller whose car or other item is sold by a relative or acquaintance
  • Someone who cannot come in person to take over an item or sign a contract
  • Someone abroad for a longer time who needs another person to handle a specific matter
  • A company authorising another person to act on its behalf in a specific matter

What the document must contain

  • Precise identification of the principal and the attorney
  • The scope of authority, that is, which legal acts the attorney may perform
  • Whether the attorney may appoint a substitute
  • If it is to apply only for a limited time, until when
  • The principal's signature and the attorney's acceptance

Legal basis

Občiansky zákonník (Civil Code)

Governs representation under a power of attorney: its content and form, the consequences of exceeding authority, substitute attorneys, and the termination and revocation of the power of attorney.

Most common mistakes

A wider scope than needed

You answer for acts the attorney performs within the power of attorney as if you had performed them yourself. For a one-off matter such as selling a car, a power of attorney for that act is enough, including the price below which the attorney may not go.

Important instructions left out of the power of attorney

Instructions that are not in the power of attorney do not affect the legal effects of the attorney's acts towards the person they dealt with, unless that person knew of them. Whatever must apply externally belongs in the text.

Staying silent when authority is exceeded

If the attorney exceeds their authority, you are bound only if you approved it. But if you do not notify the person they dealt with of your disagreement without undue delay after learning of it, you are deemed to have approved it.

A revocation nobody knows about

Until the attorney learns of the revocation, their acts have effect as if the power of attorney still applied. If you told another person about the power of attorney, the revocation must also be communicated to them before the attorney deals with them.

A substitute attorney without permission

An attorney who is a natural person may appoint a substitute only if the power of attorney expressly allows it. If you want to allow it, it has to be written down.

An attorney with conflicting interests

Someone whose interests conflict with those of the represented person cannot represent them. The buyer is therefore not a suitable attorney for the seller in the same sale.

Frequently asked questions

Does a power of attorney have to be in writing?

It must be in writing when the act it is granted for must be in writing, and always when it does not concern only a specific legal act. Even where the law does not require written form, a written power of attorney is the only way for the attorney to prove they may act for you.

Does the signature have to be officially certified?

The Civil Code does not generally require it for a power of attorney. The institution before which the attorney will act may, however, ask for it, so check with them before signing.

When does a power of attorney end?

When the act it was limited to is performed, on revocation, when the attorney gives notice or dies. It ends on the principal's death unless its content provides otherwise.

Can I revoke a power of attorney?

At any time, and you cannot validly waive that right. The revocation takes effect towards the attorney once they learn of it.

Does this power of attorney cover representation in court?

No. The template is meant for legal acts under the Civil Code, such as selling an item or signing a contract. Representation in court proceedings has its own rules, which this template does not address.

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