A power of attorney allows another person to perform legal acts on your behalf—for example, entering into an agreement or submitting a proposal—and is regulated by the Civil Code. A power of attorney is typically used for actual actions, such as receiving documents or deliveries. A proxy expresses the principal's will on behalf of the principal, while an authorized representative simply performs a specific, technical task. Below, we explain the differences, forms, and typical situations.
To sum it up
- Power of attorney – this is permission to act on behalf of another person (Article 96 of the Civil Code); the consequences of actions performed by the attorney-in-fact extend directly to the principal.
- Authorization – in practice, consent to perform an actual action (receipt, transfer, inspection); there is no single definition in the Civil Code.
- Form: A general power of attorney must be in writing under penalty of invalidation, and the same form is required for actions requiring a special form.
- If you have any doubts about the sufficiency of a power of attorney, contact the institution or a lawyer - the title of the document is sometimes less important than its content.
What is a power of attorney?
A power of attorney is a civil law institution. According to Article 96 of the Civil Code, authority to act on behalf of another person may derive from law (legislative representation, for example, a parent representing a child) or from a statement by the represented party—and this is precisely what and represents a power of attorney . The person issuing a power of attorney is called principal , and the person acting on his behalf is called attorney .
The most important feature: a legal act performed by an authorized person within the scope of the powers granted has direct consequences for the principal (Article 95 of the Civil Code). If a trusted person purchases an apartment on your behalf, you become its owner and a party to the contract.
Types of powers of attorney
- General – covers routine management activities (Article 98 of the Civil Code), such as day-to-day property management. It must be in writing, otherwise it is invalid.
- General term – for certain types of activities that go beyond the scope of normal management, such as concluding lease agreements.
- Specific – designed to perform one specific task, for example, selling a specific car.
If a specific action requires a specific form, the power of attorney to perform it must also be in the same form (Article 99 § 1 of the Civil Code). For example, the sale of real estate requires a notarial deed, so the power of attorney to perform it must also be notarized. Specific rules apply, in particular, to judicial and administrative proceedings.
What is authorization?
The Civil Code does not contain a general definition of the concept of "authorization" in the sense in which we use it in everyday life. In practice under authorization is understood as consent to someone committing something actual action On our behalf—receiving a registered letter, documents from a government agency, test results, a child's return from kindergarten, or submitting a completed application to an institution. An authorized person does not submit their own declaration of intent on our behalf or enter into any contracts on our behalf.
The word "authorization" also appears in various laws, where it has a specific meaning—for example, a patient can authorize a designated person to access their medical records. Therefore, it's always worth checking the specific requirements of a specific institution; sometimes they require their own form.
Power of Attorney and Authority – Table of Differences
| Characteristic | Authorization | Power of attorney |
|---|---|---|
| Range | Actual actions (acceptance, delivery, inspection) | Judicial actions (agreements, applications, petitions) |
| Legal basis | There is no general regulation; there are specific provisions and rules. | Articles 95–109 of the Civil Code and procedural provisions |
| Consequences | The person carries out the assigned task. | This law is directly binding on the principal. |
| Freedom of decision making | No - executes a specific command | Within the limits of his authority, the attorney-in-fact submits an application for a will. |
| Form | Usually arbitrary, in practice written | Depends on the type of activity; generally, in writing, under penalty of invalidation. |
| Example | Acceptance of cargo, test results, documents. | Sale of an apartment, representation in court or in the office. |
Revocation, expiration and costs
The power of attorney can be revoked at any time , unless the principal has waived this right for reasons justified by the nature of the legal relationship between the parties (Article 101 § 1 of the Civil Code). Powers cease to be effective upon the death of the principal or agent , unless otherwise provided in the power of attorney for such valid reasons (Article 101 § 2 of the Civil Code).
Submitting a power of attorney to an office usually involves payment of stamp duty in the amount of 17 zlotys. Powers of attorney issued to a spouse, ascendant, descendant, or sibling are exempt from this requirement. It's worth checking with the office where you're submitting the document for details and exceptions.
In what cases is a power of attorney sufficient, and in what cases is an official authorization required?
- The power of attorney is considered sufficient, when someone is supposed to pick up, deliver, or check something without making any decisions for you—for example, picking up documents or a package, or delivering a letter you've already signed.
- A power of attorney is required , when someone must enter into a contract, sign a document on your behalf, conduct a case in court or an institution, or represent your interests at a bank or notary.
- Describe the scope of action precisely : who, to whom, for what purpose, on what issue, for how long. Information about both parties (first name, last name, ID number) will facilitate verification.
- Check the institution's requirements . Banks, post offices, clinics, and offices often use their own document templates.
This text is for informational purposes only and does not replace legal advice. For serious matters—regarding real estate, inheritance, or litigation—please consult with an attorney, lawyer, or notary regarding power of attorney.
Frequently Asked Questions (FAQ)
Are power of attorney and authority the same thing?
No. A power of attorney allows you to legally act on another person's behalf (for example, enter into a contract), while an authorization typically covers actual actions, such as obtaining documents. However, in everyday speech, these words can be confused.
Is written permission required?
Generally, there's no single required form, but in practice, institutions expect a written document with signatures and personal information from both parties. Some use their own forms.
In what cases does a power of attorney need to be certified by a notary?
If a transaction requires notarization—for example, the sale or gift of real estate—the power of attorney must be executed in the same form as the transaction itself.
Does a power of attorney become invalid upon the death of the principal?
Yes, as a rule, powers of attorney terminate upon the death of the principal or attorney-in-fact. An exception is possible if the power of attorney provides otherwise for reasons justified by the legal relationship underlying it.
How much does it cost to issue a power of attorney in the office?
Submitting a power of attorney to an office usually entails a stamp duty of 17 zlotys. Powers of attorney for spouses, ancestors, descendants, and siblings are exempt from this fee. A notarized power of attorney also incurs a notary fee.
See also
- What is the difference between a lawyer and an attorney?
- What is the difference between an individual and a legal entity?
- What is the difference between public administration and local government?
- What is the difference between a credit consultant and a credit expert?
- What is the difference between a transcript and a copy?