When opening a deposit in a bank, few think that a situation may arise in which money is urgently needed, but the owner of the deposit will not be able to visit the bank on his own to withdraw it from the account. Therefore, it is necessary to give an authorized person the opportunity to dispose of the funds placed on the deposit.
In the life of any person, unforeseen situations occur when money is needed immediately, and there is no opportunity to visit the bank in person. In this case, your right to manage money can be transferred to another person. The mechanism that allows the transfer of rights is called the issuance of a power of attorney. Today, a power of attorney can be issued in several ways.
Methods for issuing a power of attorney
The procedure for drawing up powers of attorney is regulated by Article 185 of the Civil Code of the Russian Federation. It provides for the issuance of a power of attorney for the deposit:
• directly at the bank's office by its specialist, to whom this right has been delegated;
• in a notary office by a notary;
• bodies of executive power and local self-government;
• the head of the ZhEK, ZhEU or HOA at the place of residence;
• the head of the organization where the principal studies or works;
• the chief physician (or his deputy for the medical part) of the hospital where the principal is being treated.
The power of attorney is issued only in the presence of the depositor. Blots, erasures or corrections in this document are not permitted.
Compilation procedure
There are 2 options for powers of attorney to manage deposits. In one case, a power of attorney is issued for the right to dispose of the funds on the deposit. They can be withdrawn in cash, transferred by bank transfer to other accounts, or you can negotiate a specific amount within which the authorized person will be able to dispose of the money. In addition, the contribution can be replenished. In the second case, the power of attorney allows you to directly dispose of the deposit, which means that it can be closed, reissued, donated or bequeathed. Such powers of attorney are usually notarized.
Any capable citizen over 18 years of age can be a trustee. In addition, powers of attorney can be issued for minors starting from the age of 14. This will require written consent from the child's parents or guardianship authorities.
Validity
It is regulated by Article 186 of the Civil Code of the Russian Federation, according to which it is possible to entrust the disposal of a deposit to a third party for no more than 3 years. If the validity period of the power of attorney is not specified, then it remains valid for 1 year. The power of attorney begins to operate from the day it is drawn up. If the date of issue is not indicated in the power of attorney, then it shall be deemed null and void.
The principal has the right to revoke his power of attorney at any time by submitting an appropriate application. From the day when it is received by the bank's employees, the power of attorney is considered to be invalid.
