The power of attorney is prepared by the client. When the person he trusts has mental or health problems that prevent him from handling personal finance, he has the right to make financial decisions for him, such as buying and selling property, depositing money in the bank, paying taxes and paying other documents.
Nature of power of attorney
(1) "Power of Attorney", also known as agency certificate, refers to the written legal document issued by the client to prove that the agent has the power of agency and shows its authority, which is the proof of agency qualification. The power of attorney is the proof that the parties authorize the entrusted representative. It can be divided into power of attorney for civil litigation agent and power of attorney for civil agent.
(2) According to the laws of our country, the power of attorney shall specify: the name of the agent, agency matters, authority and effective period, and shall be signed or sealed by the authorized person. The agency matters and the scope of agency authority should be clear and specific, and it is not easy to be vague. The agency behavior that should be specially authorized according to laws or practices, which is not specified in the agency certificate, is regarded as unauthorized agency. In business practice, the letter of introduction is often used as a proxy certificate, and its legal effect is also recognized in China's judicial practice.
(3) The authorization act is a unilateral legal act, and the agency certificate, as its manifestation, has a separate probative force.
(4) In practice, when an agent acts as an agent, he only needs to issue an agency certificate to show the existence of his agency right, without showing an agency contract. Because the entrustment contract only adjusts the internal relationship of the agent, as a third party, there is no need to know the existence of the entrustment contract. In order to protect the bona fide counterpart who trusts the agency certificate, even if the agency contract is invalid or revocable, or the agency contract has been dissolved, as long as the agency certificate is not recovered and the principal does not publicly declare that the agency certificate is invalid, the legal effect of the agent holding the agency certificate on the bona fide counterpart still belongs to the principal.
legal ground
People's Republic of China (PRC) Civil Code
Article 161 A civil subject may carry out a civil juristic act through an agent. In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.
Article 165 If the power of attorney is in written form, it shall specify the name of the agent, the matters to be represented, the authority and the time limit, and shall be signed or sealed by the principal.
People's Republic of China (PRC) Civil Code
Article 8 Civil subjects engaged in civil activities shall not violate laws, public order and good customs.
People's Republic of China (PRC) Civil Code
Article 10 Civil disputes shall be handled according to law; Where there are no provisions in the law, customs can be applied, but they must not violate public order and good customs.
People's Republic of China (PRC) Civil Code
Article 143 A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.