Antiprosopeia (Power of Attorney)

Antiprosopeia (Αντιπροσώπεία) is a Greek power of attorney document authorising one person to represent and act on behalf of another in legal and property matters.

Definition

Antiprosopeia (Αντιπροσώπεία), or power of attorney in Greek law, is a legal authority granted by one person (the grantor or "εξουσιοδότης") to another person (the agent or "εκπρόσωπος") to act on their behalf in specified matters. This authority can be limited to specific transactions (e.g., selling a property, signing a contract) or can be general and broad, authorising the agent to handle a wide range of matters. Powers of attorney are essential tools for managing affairs remotely, delegating tasks, or ensuring continuity of decision-making if the grantor becomes unable to act. In Greek legal practice, notarised powers of attorney (δημόσια αντιπροσώπεία) carry significant weight and are widely accepted by government authorities, financial institutions, and third parties.

Greek law recognises two primary forms of power of attorney: general powers of attorney (γενική αντιπροσώπεία) and special/limited powers of attorney (ειδική αντιπροσώπεία). A general power of attorney grants broad authority to manage all or most of the grantor's affairs, including property transactions, financial management, and legal representation. A special power of attorney is limited to specific transactions or purposes, such as selling a particular property or signing a contract. Powers of attorney can also be classified as durable (continuing despite the grantor's incapacity) or non-durable (terminating upon incapacity), though Greek law handles incapacity differently than some other jurisdictions.

Formal execution of a notarised power of attorney requires the grantor to appear before a Greek notary public and clearly express their intent to authorise the agent. The notary verifies the grantor's identity, capacity, and understanding of the document's implications. The notary ensures the grantor is acting freely without duress and that the authority granted is clearly defined. Once executed, the notarised power of attorney creates a legally binding authorisation document that is recognised by Greek authorities. This formal process provides certainty and prevents later disputes about whether the grantor genuinely intended to grant the authority.

Powers of attorney can be revoked at any time by the grantor, either through a written revocation or by notifying relevant parties (e.g., banks, property registers) that the authority has been withdrawn. However, parties who rely on a power of attorney without notice of revocation may still be protected. Agents must use their authority in good faith and in accordance with the grantor's instructions; agents who abuse authority or act contrary to the grantor's interests can be held personally liable. For expatriates who are absent from Greece for extended periods, powers of attorney are invaluable for managing Greek property, paying taxes, handling disputes, and conducting business.

Expatriates should carefully select agents for powers of attorney, as the agent has broad authority and can make binding decisions. Commonly chosen agents include trusted family members, professional representatives, or lawyers. For international matters or where language barriers exist, engaging a Greek lawyer as agent can ensure proper handling of complex matters. Powers of attorney should be drafted with clear specifications of the agent's authority to prevent misuse or disputes. Periodic review and revocation of unused powers of attorney is prudent, particularly if the agent's circumstances change or if the relationship deteriorates.

Key Facts

• Antiprosopeia (power of attorney) authorises one person to act on behalf of another in legal and property matters
• Powers of attorney can be general (broad authority for all affairs) or special (limited to specific transactions)
• Notarised powers of attorney (δημόσια αντιπροσώπεία) are formally executed before a notary and carry significant legal weight
• Grantors must clearly express their intent and understand the implications before a notary for the power of attorney to be valid
• Powers of attorney can be revoked at any time by the grantor through written notice or notification to affected parties

Common Mistake

Expatriates sometimes grant overly broad powers of attorney without clearly limiting the agent's authority, creating risk of misuse. Another error is failing to formally revoke powers of attorney when the agent's circumstances change or the relationship deteriorates. A third mistake is not specifying whether the power of attorney is durable (continuing if the grantor becomes incapacitated) or non-durable, leading to ambiguity about the agent's authority.

Expert Tip

If you are an expatriate with significant property or assets in Greece, consider granting a notarised power of attorney to a trusted professional—such as a Greek lawyer or accountant—to manage your affairs, handle tax obligations, and represent your interests in disputes. Ensure the power of attorney is drafted with specific, clear limits on the agent's authority. Maintain regular contact with your agent and monitor their actions. Review your powers of attorney annually and revoke any that are no longer necessary or where the relationship has changed.

Frequently Asked Questions

Related Terms

Notary Public in Greece, Legal Representation in Greece, Guardianship and Incapacity Law