The power of attorney is the power to represent and it is conferred by the relevant legal transaction. With the power of attorney, which is based on the will of the represented, the grantee may effect legal transactions for the grantor of the power of attorney.

The power of attorney in Greece is granted by unilateral transaction without the need of the grantee's acceptance, which is required to be addressed to the grantee. He who grants the power of attorney in Greece must have legal capacity to carry out legal transactions.

The declaration is subject to the form required for the completion of the transaction to which the power of attorney refers. This form is understood to be a notarial deed or a private document.

There is the general power of attorney and the special (limited) power of attorney. Their distinction rises from the power given to the grantee. The general power of attorney in Greece is referred to any legal transaction, whereas the special power of attorney in Greece is referred to a specific type of action.

The institution of the power of attorney aims to serve the need for convenience and speed of the transactions with the representatives, in order to protect third parties who act in good faith.

It is worth mentioning that although the power of attorney in Greece aims to serve the need for convenience, it may be at the same time a dangerous document as it gives liberty to act in any way and there is danger for the grantor to be bound by the actions of the grantee if misused.

By law, the power of attorney in Greece does not have a time bar limitation, but there may be one if the grantor expressly states it. Therefore, if the power of attorney is given for unlimited time, this power will be preserved until the occurrence of an occasion which ends the grantor's and grantee's relationship, for instance revocation or discontinuance. However, if there is a time bar, then the discontinuance occurs after the lapse of the time.

From the Article 223 of the Greek Civil Code, it is presumed that if it is concluded that the grantor's will was for the power of attorney to exist and after his death, then it is considered that the power is granted by the heirs of the grantor.

The grantor of the power of attorney may renounce it as it is a right and not an obligation.

A power of attorney in Greece may cease through revocation. The revocation occurs with a declaration to the grantee. If the power is given by a notarial deed, then it is only revoked by the same form.

Waiver from the right to revoke is void as the power of attorney's purpose is solely to serve the representative's interest.

The irrevocable power of attorney may be revoked if there is serious ground and it is concluded to be ceased.

The power of attorney ceases with the grantor's or the grantee's death or his lack of legal capacity to carry out legal transactions.

Article 303 of the Greek Civil Code grants the obligation to render account. Therefore, if the grantee of the power of attorney has the management of the grantor's case, so far as such management entails collection of money and payment of expenditure, he is bound to accounting.

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John Tripidakis
Telephone: 0402 751 102
Facsimile: 02 8255 8395
mail@greeklawyers.com.au

Sydney
JT Law
Level 25, 135 King Street,
Sydney, NSW 2000

John Tripidakis & Associates Athens
38 Tataki Street,
Glyfada 166 75