The power of attorney is a legal document that allows an individual (grantor) to appoint one or more persons (attorneys) to make decisions on his or her behalf in private affairs, business, or any other legal matter. If you find yourself in a situation that calls for legal representation, you can give a power of attorney to one of our lawyers in Montenegro. We can take care of drafting a power of attorney in Montenegro.
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The parties in a power of attorney in Montenegro
It is possible for natural persons and businesses to grant powers of attorney to representatives who can be close family members, company representatives, or lawyers.
When issued by a natural person, a foreign or Montenegrin citizen, the following aspects must be considered:
- the age of the grantor who must be an adult;
- his/her mental capacity which must be unaltered.
Both natural persons and companies can use the services of our Montenegrin lawyers, who can draft and be appointed to represent them with a power of attorney, thus ensuring suitable fiduciary services.
How to draw up of power of attorney in Montenegro
The law on general administrative procedure, published in the Official Gazette of the Montenegrin Republic, provides the legal framework for the power of attorney in Montenegro. This legal authorization can be given in writing or verbally and has to be certified by competent authorities. A Montenegrin power of attorney is required in specific legal situations and can be revoked at any time considered appropriate by the donor and attorneys.
According to the legal provisions of the law on general administrative procedure, the power of attorney in Montenegro can be given in several forms:
• in written or recorded form as verbal authorization – even illiterate individuals can designate a legal representative by placing their fingerprints in place of a signature. Montenegro lawyers have to supervise the entire procedure;
• as a private document – it is compulsory to verify the authenticity of this type of power of attorney;
• official authorization of a family member/party of his or her household/employee of the donor – this document can only be used in emergency situations, and a subsequent power of attorney has to be presented.
Powers of attorney in Montenegro can be revoked by the donor at any time deemed appropriate. Nevertheless, it does not terminate with the death of the donor, the loss of his/her procedural capacity, or the replacement of the legal representative. In these cases, only the legal successor of the donor can revoke the previous power of attorney. The litigation procedure in Montenegro regulates the provisions of power of attorney, which are not stipulated in the law on the general administrative procedure. Our attorneys in Montenegro can give you a detailed presentation of the legal provisions of power of attorney in this country.
Types of powers of attorney by use and duration
Apart from the method of issuance, Montenegrin powers of attorney are differentiated by the ways they can be used and their duration. Here are the most important aspects to consider from this point of view:
- one can grant a general power of attorney which can be used for representation in various related matters with the same document (for example, setting up a business in Montenegro, which requires document preparation and filing with the Trade Register);
- one can also create a specific power of attorney which can be used in a single matter, for example, immigration to Montenegro when submitting the residence permit application;
- it is possible to draft a lasting power of attorney which can be used if the grantor becomes incapacitated and wants a proxy to make medical decisions on his/her behalf, for example.
In certain cases, it is also possible to appoint more than one representative.
In most cases, the general power of attorney has the longest validity, while the specific one has the shortest one, as after completion of the task, it becomes null.
If you need support in drafting one of the powers of attorney presented above, you can rely on our law firm in Montenegro.
Situations that require a power of attorney in Montenegro
This legal authorization can be at hand in a number of situations:
- for business purposes – investing in the local economy, buying a property or opening a business in Montenegro;
- for intellectual purposes – European patent or trademark validation in Montenegro;
- for financial purposes – company registration and representation in the board of directors;
- healthcare – health related decisions taken for you by the use of a power of attorney;
- for opening a local bank account, especially in the case of foreigners who relocate to Montenegro;
- for registering various types of properties, including cars;
- for accounting representation, which is the case of companies that need to appoint fiscal representatives.
Montenegro is a member of the Hague Convention
In certain cases, the powers of attorney used in Montenegro must be apostilled. This is why it is useful to note that Montenegro is a member of the Hague Convention for the following:
- the Convention of 1st of March 1954 on civil procedure;
- the Convention of 5th of October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents;
- the Convention of 5th of October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions.
If you find yourself in a situation that calls for drafting a power of attorney in Montenegro, don`t hesitate to contact our law firm in Montenegro.