A power of attorney is a written authority for one person to represent another before third parties. Its wording must cover the specific procedural or transactional powers that the representative is expected to exercise. A general reference to representation may not be enough for a particular action where the law, a court or an organisation requires a clearly stated authority.
What to specify
- the principal and representative, using identifiable details;
- the matter, authority and limits of representation;
- any express procedural powers required for court proceedings or settlement;
- the date of execution and, if desired, the period of validity;
- the required form, including notarisation where the law requires it.
Validity period
The principal may set the validity period. If no period is stated, a power of attorney remains valid for one year from its date of execution. A document with no execution date is void.
Revocation and termination
As a general rule, the principal may revoke a power of attorney and the representative may renounce it at any time. The authority also terminates in statutory situations such as expiry, death of an individual principal or representative, or termination of a legal entity. The method of revocation and notification should match the legal form and circumstances of the authority.
Costs in a court case
A separate question is whether the cost of preparing a power of attorney can be recovered from the opposing party. That depends on the procedural rules, evidence of the expense and whether it is connected to the specific case; it is not automatic merely because a power of attorney was issued.
Legal framework
Key provisions include Articles 185, 185.1, 186, 188 and 189 of the Russian Civil Code. This material is general information and is not a substitute for drafting authority for a specific matter.