The content of the article
- What is a power of attorney for receiving funds
- In what cases is it necessary to draw up a document
- Types of Power of Attorney
- Single
- Special
- General
- Power of attorney with the right to receive funds
- Who can act as a trustee
- Certification of a document
- Power of attorney
- How to write a power of attorney to receive money
- Mandatory details
- How to arrange
- Power of Attorney
- Registration cost
Not so rare circumstances when you need to get money from a credit institution for another person. In such cases, a power of attorney is required to receive money for another person – a document according to which the principal appoints a representative to perform specific actions, for example, authorizing the receipt of pension payments or money from the bank to the specified person. This need arises when applying for money not only to banks, to the post office, but also in other situations..
What is a power of attorney for receiving funds
A power of attorney – a document that has legal force and is subject to mandatory certification, provides for a specific person to be granted a specific right of action. It is impossible to receive money from someone else’s name without such an official trust paper. Even if the trustee is confident in the person receiving the funds, delegation of authority should be documented – this is a mandatory requirement on the basis of legislative norms.
Such a power of attorney is a kind of civil law written document. It is issued by a legal organization or an individual to provide a citizen with certain rights to receive funds on behalf of the person who provides this security paper. This document requires certification.
In what cases is it necessary to draw up a document
A power of attorney to receive money for another person is issued when, for various reasons, a person cannot receive funds personally: for health reasons, because of a long absence or for other reasons. In such situations, you have to seek the help of third parties. A security paper is required as written consent to represent the interests of the principal and is required when issuing money on the grounds of:
- wage;
- scholarship;
- allowance;
- pension payments;
- payment under contracts for the performance of work, services;
- banking operations (return of deposit, withdrawal of interest, receipt of transfer);
- other types of financial transactions.
Types of Power of Attorney
Depending on the purpose of the provision, the nature of the trust paper is distinguished:
- one-time;
- special;
- general (general).
Single
This type is intended for a single action. For example, it is compiled for one banking operation (taking a deposit, transfer), a one-time salary, scholarship, cash allowance. Its feature is the one-time effect of the transfer of law. The specific amount received by the trustee is not required to be determined, but the type of transaction and the time period for receipt of funds by trust are subject to indication.
Special
With this type, it is allowed to perform several transactions of the same type over a specific period of time, for example, to conduct several banking operations (to remove interest on the deposit and take the deposit itself), to receive a scholarship for several semesters. The term of use and selection of financial services in the power of attorney is negotiated separately. Amount received may not be indicated.
General
The purpose of applying this type of power of attorney is to enable the trustee to use all the rights of the principal. A specific amount of money is not provided for by this type. It is accessible to a citizen to regularly use such a power of attorney to take different amounts at any time. The document can determine the possibility of transferring your rights to another person within the designated term of trust.
Power of attorney with the right to receive funds
The opportunity to receive money is also given by a power of attorney, combining the representation of the interests of the principal in any instance and the right to receive funds by the principal. Empowerment to receive money, as a rule, is necessary when conducting civil litigation in the event of the award of property, including cash payable, in the course of the economic activity of an enterprise, with assistance in selecting financial services.
Who can act as a trustee
A trusted subject can be any capable person who has reached the age of eighteen. Family ties are not a prerequisite for transferring the right to receive money. The initiating person by proxy is able to act as a minor, even an incompetent person, in which case the trust deed is issued by his legal representatives. The authority to receive funds is delegated by legal entities, as a rule, when the organization pays for goods, services, work.
Certification of a document
When issuing a power of attorney from legal organizations, the guarantee document is certified by the personal signature of the head and the seal of the enterprise. A document from an individual principal is required for certification by a competent person, which may be:
- notary;
- the representative of the organization that pays cash is its head (head) or an employee endowed with similar powers.
The following officials may sign the certification organization: director, authorized bank employee, chief accountant (for his employee), head of the social security institution (special boarding schools, homes for the disabled), head of the medical institution, head of the colony / prison (for those serving sentences), military unit . The principal from the certifying organization (excluding the bank) must be connected with labor (official) relations or be in hospital.
Power of attorney
To draw up a document, you can use a ready-made form or draw up a power of attorney to receive money for another person independently according to the model. However, for example, credit organizations practice filling out forms in the presence of persons and, as a rule, a power of attorney is generated automatically by employees of institutions. In the case of notarization, the form is also not required – the document is prepared by the notary.
How to write a power of attorney to receive money
The processing of the document is regulated by the Civil Code of the Russian Federation, article 185. A power of attorney to receive money for another person is made in writing with the personal signature of the principal, presented to him personally or by the trustee in the institution where he will be used. The organization has the right to consider the provided trust paper with verification of signatures on the form and identities of both parties, making appropriate notes on it.
Mandatory details
The power of attorney must contain information:
- full name of the official document;
- Name, passport data, residential address of individuals – the principal and the principal;
- list of delegated powers (operations, actions);
- date of signing;
- place of registration;
- validity;
- signatures of the parties;
- signature of certifiers, stamp of organization.
How to arrange
Despite the fact that there is no legislatively rigorous form of the document, when drawing up a power of attorney to receive money for another person, it is necessary to observe the correct structure of the document form – the name of the document, date and place, data of the principal, data of the authorized representative, the nature of the document, signatures of the parties, signature and seal witness. Monetary amounts are required to be written both in numbers and in words (in brackets). Proper drafting of the document is very important: in the absence of the necessary data, it can be recognized as null and void..
Power of Attorney
The maximum validity period of a trust document is three years. In a one-time power of attorney, a specific time period for carrying out actions is indicated. If this parameter is not set, then the document validity period is set to one year by default. The principal can at any time take advantage of the right to withdraw the paper signed by him with notification of the principal in a short time.
Registration cost
At registration in an institution, hospital or bank, the power of attorney is certified free of charge, however, a notary fee must be paid. The cost of notarization consists of a fixed state duty and a fee according to the price list of a specialist for the preparation, printing, mandatory authentication of the required documents (passports). The price of the service depends on the region and costs from 700 to 1000 rubles.
What steps should be taken and which documents are required to create a power of attorney allowing someone else to receive funds on your behalf?
To create a power of attorney authorizing someone else to receive funds on your behalf, the following steps should be taken:
1. Consult an attorney: Seek legal advice from a qualified attorney who specializes in estate planning or a related field. They will guide you through the process and ensure all necessary steps are taken.
2. Choose an agent: Decide on the person you want to appoint as your agent. Verify that they are trustworthy and reliable, as they will handle your financial matters.
3. Draft a power of attorney document: Your attorney will prepare the necessary legal document that grants your agent the authority to receive funds. The document should clearly state the scope of the agent’s powers, including specifics regarding receiving and managing funds.
4. Sign the document: Sign the power of attorney document in the presence of a notary public. This step ensures the document’s authenticity and legal validity.
5. Provide necessary information: Provide the agent with all relevant account details, such as bank account numbers and financial institution names. This will allow the agent to access and receive funds on your behalf.
6. Inform financial institutions: Notify your bank and any other financial institutions that you have appointed an agent through a power of attorney. They may require a certified copy of the document for their records.
Remember, the specific requirements and documents needed to create a power of attorney can vary depending on your jurisdiction and the purpose for which the funds need to be received. Consulting with a qualified attorney in your area is paramount to ensure all necessary steps are taken and legal requirements are met.
Could you please provide a step-by-step guide on how to effectively create a power of attorney to receive funds from a third party? Additionally, I would appreciate knowing which documents are required for this process to ensure that everything is done correctly and legally. Thank you for your assistance!