Power of attorney for representation of interests: how to arrange it at a notary in 2026

What a power of attorney for representation is

A power of attorney is a written authorisation by one person to another to act before third parties. Article 237 of the Civil Code of Ukraine defines it: the person who issues the document is the principal, and the person authorised to act is the representative.

Representation of interests is the broadest category. It covers far more than courts and state bodies: with a power of attorney one can collect documents, sign a contract, manage property, represent a company, receive mail or open an account. The exact list is set by the text of the document, and that text determines what the representative can actually do.

A transaction concluded by a representative within the granted authority creates rights and duties for the principal — Article 238 of the Civil Code. If the representative exceeds that authority, the consequences arise only if the principal later approves the transaction.

Types of power of attorney by scope

Scope is the main characteristic of the document. It drives the price, the risk and whether the power of attorney will have to be reissued in a month.

• General — for a wide range of transactions and acts: managing property, representing the principal before all institutions, signing contracts. The widest scope and the highest risk.
• Special — for several related acts: representation in court in a particular case, collecting an inheritance, registration steps for a specific property.
• One-off — for a single act: signing a sale contract, collecting a document, voting at a meeting.

The practical rule is simple: the narrower the authority, the less room for abuse. A general power of attorney makes sense only when the representative genuinely handles all the principal's affairs — for instance during a long stay abroad.

When notarial form is required

Article 245 of the Civil Code requires notarial certification in three main cases: when the power of attorney is issued for transactions that themselves require notarial form; when it is issued by a legal entity for transactions; and when it is granted by way of substitution (Article 242).

A power of attorney to receive salary, a scholarship, a pension or correspondence may be certified not by a notary but by the organisation where the principal works or studies, or by the administration of the institution where the principal is receiving inpatient treatment. That is an exception, not the rule.

In practice institutions almost always ask for a notarial power of attorney even where the law allows a simpler form: banks, courts, registrars and consulates check the certification note and the seal. For anything involving property, money or state registers, assume a notary is needed.

Where the power of attorney for representation of interests is required, the document is arranged at a notary at the place of application. Court matters use the power of attorney for court representation, which lists procedural rights and is drafted separately.

What the text must contain

A power of attorney consists of formal elements, and each of them affects whether the document is accepted. The notary checks completeness, but the wording of the authority is drafted by the principal.

• Date and place of execution — without a date the power of attorney is void.
• Details of the principal: full name, date of birth, tax number, address, passport details.
• Details of the representative — the same data, and for a legal entity: name, registration code, address, position of the signatory.
• Specific authority: what exactly, before which institution, for which property or case.
• Validity term, if needed, and the right of substitution (or an express prohibition).
• Signature of the principal and the notary's certification note.

Wording such as 'to represent interests before all institutions' is often rejected by banks and registries: they need specifics — the name of the institution, the case number, the address of the property.

Validity: how long the document lasts

Article 247 of the Civil Code: the term of validity is set in the power of attorney itself. If no term is stated, the document remains valid until one of the grounds under Article 248 occurs — that is, without a time limit within those circumstances.

This does not mean the term is irrelevant. Banks, registrars and foreign authorities often limit acceptability by their own rules: they require the power of attorney to be valid on the date of the transaction, and sometimes that it was issued no more than six months earlier. Agree the term with whoever will accept the document.

A power of attorney issued for a fixed term terminates automatically when that term expires. It cannot be extended — a new document with a new date is required.

When a power of attorney terminates

Article 248 of the Civil Code lists the grounds: expiry of the term; revocation by the principal; renunciation by the representative; death of the principal or the representative, a declaration that either is incapacitated or missing; termination of a legal entity.

Renunciation deserves separate attention: the representative may withdraw at any moment by notifying the principal. The document then loses effect even if the term has not expired, and the principal must urgently arrange a new one.

How to revoke a power of attorney

A power of attorney may be revoked at any time — Article 249 of the Civil Code. The principal does not have to explain the reasons and does not need the representative's consent. Legally, the effect of revocation depends on notice: the representative and the third parties he dealt with must be informed.

Rights and duties towards third parties end from the moment they knew or should have known about the revocation. That is why revocation is best done in writing, with proof of notice kept — especially where a bank or a registry is involved.

A transaction concluded by the representative after revocation remains valid if the third party neither knew nor could have known about the termination (Article 250 of the Civil Code). Another reason to notify institutions immediately.

Substitution: when another person may act

A representative must act personally. Authority may be transferred to another person only where the power of attorney expressly allows it, or where circumstances forced it in order to protect the principal's interests — Article 240 of the Civil Code.

A power of attorney granted by way of substitution is certified by a notary. Its scope cannot exceed the original document and its term cannot be longer. The copy kept in the notary's files carries a note with the details of that document.

If you do not want the authority passed on, include an express prohibition of substitution in the text. It is a standard condition and the notary records it.

A power of attorney issued by a company

On behalf of a company the power of attorney is issued by its body or by a person authorised under the founding documents (Article 241 of the Civil Code). The document is sealed if the company has a seal and signed by an authorised person with the position stated.

For representation before state bodies, courts and banks such a power of attorney is almost always notarised. Check separately whether the charter limits the signatory's authority: institutions sometimes request a copy of the charter or an extract from the register.

An employee acting under a job description without a power of attorney represents the company only within those duties. Anything beyond that requires a separate document.

A power of attorney for use abroad

For a foreign authority a power of attorney certified in Ukraine requires legalisation. For states party to the 1961 Hague Convention this is an apostille: it confirms the authenticity of the notary's signature and seal, not the content of the document.

The apostille is issued by the Ministry of Justice of Ukraine. The general processing time is up to two working days; if a sample signature must be obtained or records verified, it may extend to twenty working days.

For states outside the Convention, consular legalisation applies: the document is certified by the Ministry of Justice, then by the Ministry of Foreign Affairs, and finally by the consulate of the relevant state. Some countries also require a certified translation.

What the arrangement costs

There is no single tariff. A state notary charges the rates set by law; a private notary sets the fee by agreement with the principal, as expressly provided by Article 31 of the Law of Ukraine On Notaries.

A guide for 2026: a one-off power of attorney for a single act costs about UAH 400-500, a special one UAH 600-1200, and a general power of attorney with broad authority in Kyiv and large cities UAH 2,500-3,500 and more. The amount covers the tariff, legal drafting and technical execution.

Mistakes that make a power of attorney useless

• The authority is worded vaguely, without the institution or property — the document is rejected.
• The text has no right of substitution, yet the representative acts through another person.
• The term expired before the date of the transaction — the bank or registrar refuses.
• The power of attorney was revoked but the institution was not notified — the principal believes he is protected.
• The representative's details differ from the passport — the document has to be redone.
• There is no apostille or certified translation for a foreign authority.

Step by step: from instruction to the finished document

1. Define exactly what the representative must do: institution, case, property, limits of authority.
2. Ask the receiving institution about requirements for the text, the term and the apostille.
3. Bring your passport, tax number and the representative's details; a legal entity brings its founding documents.
4. Attend the notary with or without the representative, if the institution allows it.
5. Check the text before signing: names, addresses, numbers, the list of powers.
6. Sign in the notary's presence and collect the certified copy.
7. Order the apostille and a certified translation if required.

Powers of attorney issued abroad and for use in Ukraine

If the principal is outside Ukraine, the document can be arranged at a Ukrainian consulate: the consul performs notarial acts, including certification of powers of attorney. Such a document needs no further legalisation for use in Ukraine.

A power of attorney certified by a foreign notary takes effect in Ukraine after legalisation or an apostille, and after a certified translation into Ukrainian. The translation is certified by a Ukrainian notary or a consul.

Check the scope separately: foreign institutions sometimes draft it to their own templates, and in Ukraine the document may be rejected for not meeting the content requirements. It is safer to prepare the wording with a Ukrainian notary before signing.

Frequently asked questions