In this article, we will explain: 

  • what a "power of attorney" (plná moc) is in the Czech Republic
  • how it works
  • how it can help you
  • the key roles of the people involved
  • the different types and uses of a power of attorney
  • the steps to create and verify this important document

Whether you need someone to handle legal, financial, or personal matters on your behalf, this guide will provide the information you need. 

 

What is a Power of Attorney? 

A power of attorney is a legal document that allows one person (called the principal) to give  another person (called the agent) the authority to act on their behalf in legal matters. This can be useful for tasks such as voting or dealing with government offices, and it has specific legal requirements. 

Key Terms 

  • Principal (Zmocnitel): The person who gives the power of attorney.
  • Agent (Zmocněnec): The person who is allowed to act for the principal. Unlike a representation agreement, which is a contract between two people, a power of attorney is a one-sided permission for the agent to act with other people or authorities. But still - both the principal and the agent must sign the document.

 

Who Can Be an Agent (Zmocněnec)? 

An agent can be either an individual or a legal entity. For legal entities, their statutory bodies act on their behalf, while an individual must act personally. You can also grant power of attorney to multiple agents, specifying whether they must act together or can act independently. A power of attorney  is always granted when the person who should deal with a certain legal task is unable to for some reason (they are far away and unable to be present personally). 

 

Uses of a Power of Attorney 

  • Legal Representation: The agent can represent the principal in court or when dealing with government offices.
  • Financial Matters: This can include managing bank accounts, signing contracts, or handling loans.
  • Real Estate: The agent can buy or sell properties on behalf of the principal or manage their property.
  • Business Affairs: The agent can manage business operations, sign business contracts, or deal with business partners.
  • Personal Matters: For example, picking up mail at the post office, arranging medical matters, or signing documents.

A power of attorney can be specific (for a particular task or group of tasks) or general (for an unlimited number of tasks over a certain period). 

 

Forms of Power of Attorney 

  • Oral Form: Possible but not recommended.
  • While it is legally allowed to give a power of attorney verbally (by speaking), it is not advised because it lacks a written record and can lead to misunderstandings or disputes. A written power of attorney is clearer and more reliable.
  • Written Form: Usually required for legal actions and official matters, such as signing contracts, voting at meetings, or dealing with government offices.

Sometimes, you need to have your signature officially verified because of specific rules, court decisions, or laws. For some legal actions, you need a special power of attorney that is notarized. 

 

When Must a Signature Be Verified? 

According to the law, there are conditions when the signature on a power of attorney must be verified. 

 

The signature does not need to be verified if the power of attorney is granted:  

a) For a specific action, group of actions, or part of a procedure. 

Examples: Allowing someone to pick up your mail, submit a tax return, or handle a series of bank transactions on your behalf. 

b) For a single specific procedure. 

Examples: Authorizing someone to attend a single meeting, sign one specific document, or file a single insurance claim for you. 

 

The signature must be verified if the power of attorney is granted:  

c) For any number of tasks with a specific purpose that will begin at a certain time or        in the future; in this case, the signature must always be officially verified, and the      power of attorney must be submitted to the relevant office before the tasks begin, or i        t must be recorded in the official records. 

 

You can verify a signature with a notary. To avoid going to an office or finding a notary, the easiest way is to verify the signature at a CzechPoint office. 

 

Czech POINT 

Czech POINT (Czech Submission Verification Information National Terminal) is a place where you can get help with various administrative matters. You can find it at almost 1,000 post offices marked with the Czech POINT logo. 

In addition to signature verification, you can obtain certified extracts from the criminal register, land register, and other public information systems. You can also report a trade or request new access credentials for a data box. 

 

How to Create a Power of Attorney 

You can write a power of attorney yourself or use templates available on many official government websites. 

Formal Requirements of a Power of Attorney 

The document must include the following information: 

Principal (Zmocnitel): 

  • Name and surname
  • Date of birth (or personal identification number)
  • Address

Agent (Zmocněnec): 

  • Name and surname
  • Date of birth (or personal identification number)
  • Address

Additionally, it must specify the scope of the power of attorney, i.e., in what matters the agent is authorized to act. 

At the end of the document, it must include: 

  • Place
  • Date
  • Signatures of the principal and the agent

These templates can help you create the power of attorney document: Power of Attorney Templates for Download 

 

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