I appoint an attorney-in-fact in administrative matters

You cannot deal with all administrative matters in person? Remember that for most cases you can appoint an attorney to act on your behalf. Below you will find out how to do this.

How to proceed

What you should know and who can use this service

In administrative proceedings you do not have to act in person unless a specific case requires it (e.g. giving fingerprints to a passport). The obligation to act independently may also result from special regulations (e.g. a summons to appear in person) or from a decision of the administrative authority (e.g. a summons to participate in activities conducted by the office).

Who may grant a power of attorney

Attorney-in-fact may be appointed by:

• a natural person, e.g. Jan Kowalski
• a legal person, e.g. a limited liability company
• an organisational unit with legal capacity, e.g. a housing community

Who may be an attorney-in-fact

Your attorney-in-fact can only be a natural person with legal capacity. An attorney may be a professional attorney-in-fact, i.e. an attorney or a legal counsel. However, it may also be a person who has no legal education. The provisions of the Code of Administrative Procedure do not introduce any requirements concerning the education or professional experience of an attorney-in-fact. There are also no restrictions on the number of attorneys-in-fact - you may have several of them.

Form of power of attorney

The power of attorney should be granted in writing (it may also be granted orally at the office, and the activities of granting the power of attorney are then recorded in a protocol). It is important that the power of attorney should indicate the specific person to whom it is granted. You may also draw up a power of attorney in electronic form - remember that such a document must be signed with a qualified signature or a Trusted Profile.

Attorney-in-fact at CEIDG

If you run a sole proprietorship entered in the Central Register and Information on economic Activity (CEIDG), you can register an attorney-in-fact with CEIDG. He/she can deal with matters related to your entry in CEIDG, but also with other official matters (e.g. ZUS). They will not deal with tax matters for you. You will not pay anything for appointing an attorney-in-fact at CEIDG. Find out how to register an attorney-in-fact with CEIDG.

Scope of attorney's activity

Scope of action indicate in the text of the power of attorney. If you want the attorney-in-fact to be entitled to specific actions (e.g. filing an application, receiving a certificate), remember to describe this in detail in the power of attorney.

When you should complete this procedure

At any time

Where you can complete this procedure

What to do step by step

1. Appointment of an attorney-in-fact

Documents

2. Submit a power of attorney to the office

Remember that you should submit the power of attorney in person or through your attorney. Do this during the first steps in the office where you are to be represented by an attorney-in-fact.

The attorney must be notified of all activities and called upon to participate in them.

Documents

How much you will have to pay

17 zł

The fee should be paid to the account of the city office (commune, district), which is competent for the place where the power of attorney is submitted. Family members (husband, wife, parents, children, siblings) are exempt from the stamp duty for the power of attorney.

You can check the bank account numbers on the website of a particular office. Often there is a special bank account for stamp duty, separate from other taxes and fees.

Remember that filing an attorney-in-fact for CEIDG is free of charge.

How long you will have to wait

Good to know

Constructive authority

Remember that there is a special type of power of attorney, the so-called implied power of attorney.

The Office accepts the presumption of the existence of a power of attorney and the attorney-in-fact does not have to present the power of attorney document to the Office if:

• from the point of view of the office, your case is of little importance,
• your attorney-in-fact is a member of your immediate family or a household member
• there is no doubt that the proxy is acting on your behalf

Attorney-in-fact in tax matters

Remember that tax offices (e.g. customs office, tax office), operate on the basis of other regulations, therefore tax matters (e.g. signing tax returns) can be handled by a tax attorny-in-fact. Find out how to appoint a tax attoney-in-fact.