Can I authorise someone to handle matters on my behalf?
Yes: you can grant a power of attorney so someone acts on your behalf. A power of attorney authorises another person (the attorney) to perform legal acts in your name with effect for you. There's a general power of attorney (for ordinary management — needs written form), a type power of attorney (for a defined kind of act) and a specific one (for a particular act). An important rule: if an act requires a special form (e.g. selling property — a notarial deed), the power of attorney must have the same form (i.e. notarial). You can revoke the power of attorney at any time, and the attorney must act within the authorisation. As a rule the power of attorney expires on the death of the principal or attorney (unless otherwise reserved). A separate institution is commercial proxy (for businesses), and there are postal and litigation powers of attorney.
📋 The rules
- Power of attorney: authorisation to act on your behalf
- Types: general, type, specific
- The form depends on the act (property: notarial)
- It can be revoked at any time
- Expires usually on the death of the principal or attorney
🔓 Exceptions
- An act needing a notarial deed: the power of attorney also notarial
- Litigation and postal powers of attorney: special rules and scope
- A power of attorney surviving death: where validly reserved
⚠️ Penalties & fines
The attorney's acts within the authorisation are effective for you. But if the attorney exceeds the scope or acts after it has expired/been revoked, the act may be void or need your confirmation, and the attorney is liable for damage and any abuse (also criminally, e.g. for fraud). So a trusted attorney and a precise scope matter. To grant a power of attorney safely: clearly define the scope (what exactly you authorise), choose the right form (written or notarial, depending on the act), set a term or conditions, and if needed revoke the power of attorney and tell the institutions where it was used. For official and tax matters, mind any stamp duty.
📎 Official sources
- ISAP · Civil Code (power of attorney, art. 98 ff.) →
- National Council of Notaries · Powers of attorney →
- Biznes.gov.pl · Power of attorney →
❓ Frequently asked
What are the types of power of attorney?
General — for ordinary-management acts, requiring written form; type — for a defined kind of act (e.g. concluding rental contracts); and specific — for a single, particular act. The choice depends on how broadly you want to authorise the attorney.
In what form do I grant a power of attorney?
The form depends on the act. A general power of attorney needs written form. If an act requires a special form — e.g. selling property by notarial deed — the power of attorney must have that form too, i.e. notarial. Otherwise the act may be void.
Can I revoke a power of attorney?
Yes, at any time, without giving a reason. It's worth doing it in writing and informing both the attorney and the institutions where the power of attorney was used (e.g. a bank, an office), to avoid acts taken after its revocation. The power of attorney also usually expires on a party's death.
What if the attorney exceeds their powers?
An act done beyond the scope of the power of attorney or after its expiry may be void or need your confirmation. An attorney who exceeded the authorisation or acted to your detriment is liable for the damage caused, and in case of abuse — also criminally. So a precise scope matters.
Do I have to pay for a power of attorney?
Granting a power of attorney to a close person is often free, but for official and tax matters stamp duty may be required on filing the power-of-attorney document. A notarial power of attorney involves the notary's fee. Close family is sometimes exempt from stamp duty.
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