Family Law in Turkey: Adoption Procedures Explained
In Turkey, the process of adoption is governed by the Turkish Civil Code, specifically articles 305 to 320, as well as the regulations of the Social...
Author: Lawyer Kaan Karanfiloğlu
· · 18 min read

Revoking a power of attorney, known in law as revocation (azil), is an act the principal can carry out by a unilateral declaration. The practical route is this: you go to any notary and have a notice of revocation (azilname) drawn up, and the notary serves this notice on the agent. The agent's consent is not required. As a rule, the revocation takes effect from the moment it reaches the agent; that is why the service step is at least as important as the notice itself.
Below we explain the legal basis of revocation, the steps at the notary, how a power of attorney given to a lawyer is ended, revocation from abroad, and what you should pay particular attention to in urgent situations, especially those involving the land registry.
A power of attorney (vekaletname) and a contract of mandate (vekalet sözleşmesi) are not the same thing, but they work together. The contract of mandate is the relationship in which the agent (vekil) undertakes to carry out a task for you. The power of attorney is the document showing the authority of representation granted to the agent within that relationship. What we call revoking a power of attorney aims to end both the contract and the authority of representation.
The basic rule is in Article 512 of the Turkish Code of Obligations No. 6098 (TBK): both the principal (vekalet veren) and the agent may terminate the contract of mandate unilaterally at any time. The principal's declaration is called revocation (azil) and the agent's is called resignation (istifa). Under the same article, the party who ends the contract at an inappropriate time must compensate the other party for the resulting loss. In other words, the right to revoke is free, but its timing is not without consequences.
Article 513 TBK governs the cases in which the contract ends automatically. For notarial acts, the Notaries Law No. 1512 sets the general framework: the drawing up of the notice of revocation, its service and its keeping in the notary's records are governed by that law and the related regulations. You can access the legislation at mevzuat.gov.tr. For the general rules on contractual relationships, see also our contracts and law of obligations page.
A frequently asked point: what happens if the power of attorney contains a statement such as "I waive my right of revocation"? As a rule, waiving the right of revocation in advance is not accepted as valid, because the law grants this right as one that can be used "at any time". However, in certain cases where the power of attorney was given in the agent's own interest (for example, in the sale of a property whose price has already been paid), disputes may arise and the specific case needs to be assessed separately.
A power of attorney can come to an end in three different ways. Which one applies determines who has to do what.
| Way of ending | Who starts it | How it takes effect |
|---|---|---|
| Revocation (azil) | The principal | On service of the notice of revocation on the agent |
| Resignation (withdrawal from the mandate) | The agent | On notification of the resignation to the principal |
| Automatic termination | Nobody takes any step | On death, loss of capacity, bankruptcy, expiry of the term or completion of the task |
Resignation is a notice given by the agent to the principal, and making it through a notary is also the soundest route as far as proof is concerned. If the resigning agent has chosen a timing that leaves the work half done and causes you loss, the compensation rule in Article 512 TBK applies to the agent as well. The withdrawal of lawyers from a mandate is regulated separately in the Attorneyship Law (Avukatlık Kanunu); as a rule, after the withdrawal is notified to the client, the lawyer continues to follow the matter for a certain period so that the client can find a new lawyer.
Under Article 513 TBK, unless otherwise agreed or apparent from the nature of the task, the contract of mandate ends automatically on the death, loss of capacity or bankruptcy of the agent or the principal. In practice, loss of capacity most often means a court order of restriction (kısıtlanma), that is, placing a person under guardianship (vesayet); you can find general information on this on our civil law page.
If a term is written in the power of attorney, the authority ends when the term expires. A power of attorney given for a single specific task (for example, the sale of a flat) loses its function once that task is completed. Still, be careful: automatic termination does not always mean that everyone learns of it at once. An agent or an institution unaware of the principal's death may still carry out a transaction. That is why it is often a sensible precaution for the heirs to send written notice to the agent and the relevant institutions after the death.
To revoke a power of attorney, you do not have to go to the notary that drew it up. Any notary in Turkey can draw up a notice of revocation. The process is usually completed the same day; service on the agent may take a few days, depending on the address.
The notary prepares the notice of revocation, but you decide its content. In practice, it makes things easier to state the following clearly:
Avoid insulting or accusatory language. The notice of revocation is an official document and may later be read as evidence in a lawsuit.
One more note: there is a short gap between the moment the notice of revocation is drawn up and the moment it is served on the agent. If you are worried that the agent may carry out a transaction in bad faith, it becomes important to inform the relevant institutions separately in the meantime.
A power of attorney given to a lawyer is revoked in the same way: by having a notary draw up a notice of revocation and serve it on the lawyer. There are, however, two additional points.
If your lawyer is conducting a lawsuit or an enforcement proceeding, the revocation must be notified to the court or the enforcement office (icra dairesi) for it to take effect in that file. In practice, a copy of the notice of revocation is submitted to the file with a petition. You can do this yourself by going to the court registry, or, if you have an e-signature, you can send it to the file through the UYAP Citizen Portal (Vatandaş Portal), the judiciary's online system. If the file is not notified, official notifications may continue to go to the former lawyer, and there is a risk of missing deadlines.
If you are going to work with a new lawyer, notifications are directed to the new lawyer once their power of attorney is submitted to the file. If your case is at a critical stage (days before a hearing, or while a time limit for appeal is running), you should not leave a gap between the revocation and the new power of attorney.
Article 174 of the Attorneyship Law No. 1136 governs the fee in case of revocation and withdrawal. Under this article, if the lawyer is revoked without just cause, the full fee is payable. If there is just cause (for example, a serious neglect of duty by the lawyer), the result is different. What counts as just cause may be disputed; that is why briefly stating the reason for revocation in measured language in the notice can help you in any later fee dispute. Also review the fee agreement between you and the lawyer before revoking.
If you live abroad, you can revoke a power of attorney without coming to Turkey. There are two routes.
We explain the steps for drawing up a power of attorney and obtaining an apostille, for foreigners and for citizens living abroad, in detail in our power of attorney and apostille guide. If you are a foreign national, our foreigners law page may also help you.
The route from abroad takes longer than the process in Turkey. Several weeks may pass in the chain of preparing, sending, translating and serving the document. If there is an urgent risk, consider informing the institutions in Turkey separately during this period.
Revocation does not have retroactive effect. Transactions the agent carried out while the authority was in force and within its limits continue to bind you. Revoking the power of attorney does not, for example, automatically invalidate a sale made earlier.
Transactions made after revocation do not, as a rule, bind you, because the agent no longer has authority to represent you. There are, however, two important exceptions. First, if the agent has not yet learned of the revocation, the law protects the agent with respect to acts done during that period. Second, there is the position of the third party on the other side of the transaction.
The rules on representation protect, to a certain extent, third parties acting in good faith who did not know, and were not required to know, that the agent's authority had ended. For example, if the agent carried out a transaction with a buyer unaware of the revocation, relying on the power of attorney in hand, it may become disputed whether that transaction binds you. That is why it is important to announce the revocation not only to the agent but also to the persons and institutions known to have dealt with the agent on your behalf. Asking the agent to return the original power of attorney also reduces this risk.
If a transaction made before revocation exceeded the limits of the power of attorney, or the agent abused the authority, that is a separate matter. In such cases, compensation, annulment of the transaction or criminal law remedies may come into play. Each involves its own time limits and rules of proof; it is important to gather evidence (bank statements, land register records, correspondence) early.
The most common urgent scenario we encounter is the possibility that the agent will sell a property. If there is a power of attorney that includes authority to sell, waiting for the notice of revocation to be served may be risky.
If you seriously suspect that the agent is about to carry out the transaction, asking the court for an interim injunction (ihtiyati tedbir) may also be an option. Whether the conditions for this are met needs to be assessed in the specific case.
For a notice of revocation, the notary usually asks for:
The costs usually consist of the notarial fee, the cost of service and taxes. The amounts change because the notarial fee tariff is updated every year; the most reliable course is to ask the notary who will handle the transaction for the current amount. The cost increases if the notice of revocation is to be served on more than one agent or if an interpreter is needed. Abroad, consular fees and apostille and translation costs are added on top.
In short, revoking a power of attorney is simple in law but calls for care in practice. Have a notary draw up a notice of revocation, have it served on the agent and, where necessary, notify the court file and the relevant institutions. If you see a risk in your own situation, it is useful to assess it with a lawyer before taking a step.
If you would like an opinion on your own situation, Karanfiloglu Law Firm is a registered law firm in Istanbul serving Turkish and foreign clients throughout Turkey. You can reach us by phone or WhatsApp on +90 532 659 35 11, by email at karanfiloglu.lawyer@gmail.com, or visit our office at Merkez Mah. Hasat Sk. No:12, 34384 Şişli / Istanbul. Contact us to discuss your situation.
No. Revocation is a unilateral declaration and does not depend on the agent's acceptance. Article 512 TBK grants this right to the principal at any time. However, a revocation made at an inappropriate time may create an obligation to compensate the agent for the resulting loss.
At any notary in Turkey. You do not need to go to the notary that drew up the power of attorney. Once the notice of revocation is drawn up, it is served on the agent through the notary, and in practice the revocation is entered in the notarial records.
Drawing up the notice of revocation is usually completed the same day, often in a short time. Service on the agent usually takes a few days, depending on the address and the method of service. Where the process is carried out from abroad, it can take several weeks.
You have a notary draw up a notice of revocation and serve it on the lawyer. If there is an ongoing lawsuit or enforcement proceeding, you need to submit a copy of the notice to the court or the enforcement office with a petition, or send it to the file through UYAP. If the revocation is made without just cause, the full fee is payable under Article 174 of the Attorneyship Law.
No. Revocation has no retroactive effect. Transactions the agent made while the authority was in force and within its limits remain valid. Where the authority was exceeded or abused, separate legal remedies must be pursued.
Yes. You can have a notice of revocation drawn up at the Turkish consulate in the country where you are, or have an apostille added to a notice of revocation drawn up by a local notary. After being translated and certified where necessary, the document is served on the agent through a Turkish notary.
As a rule, no. Under Article 513 TBK, unless otherwise agreed or apparent from the nature of the task, the mandate ends automatically on the principal's death. It is advisable for the heirs to send written notice to the agent and the relevant institutions.
Yes, partial revocation is possible. For example, you can remove the authority to sell while keeping the authority to collect rent. Having the notice of revocation state clearly, one by one, which powers are removed prevents later disputes.
Av. Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, a registered law firm based in Istanbul serving Turkish and foreign clients throughout Turkey. He is a lawyer registered with the Istanbul Bar Association (Registration No. 58270) and the Union of Turkish Bar Associations (No. 133074), and a registered mediator (Mediator Registration No. 41909). He has practised law in Turkey since 2017. He graduated from Galatasaray University Faculty of Law in 2016. He advises clients in Turkish, English and French; the firm serves Russian- and Chinese-speaking clients through advisors at the office whose native languages are Russian and Chinese.
Disclaimer: This article provides general information about Turkish law and does not constitute legal advice. Laws, regulations, official fees and procedures change over time, and every situation is different. Please consult a qualified lawyer for an opinion on your own particular situation. No liability is accepted for any loss arising from reliance on the information in this article.
The content on this site is for general information and does not constitute legal advice.
In Turkey, the process of adoption is governed by the Turkish Civil Code, specifically articles 305 to 320, as well as the regulations of the Social...
Inheritance law is a critical aspect of family law in Turkey, where the rights of heirs are principally regulated by the Turkish Civil Code.
Prenuptial agreements in Turkey, governed by the Turkish Civil Code, specifically under Articles 184 to 217, play a crucial role in defining the...