Electronic power of attorney in civil proceedings from 2026

The latest amendment to the Code of Civil Procedure (KPC) of August 5, 2025, introduces the next stage of digitization of civil procedure, aimed at modernizing the justice system and adapting it to the realities of the modern world. One of the key changes, which will come into force on March 1, 2026, is the clear regulation of the form of power of attorney in electronic form.

New formal requirements for electronic powers of attorney in the CPC

The amendment to the Code of Civil Procedure explicitly allows for the granting of power of attorney in electronic form. According to the new wording of Article 89 § 1² of the Code of Civil Procedure, a power of attorney granted in electronic form must be accompanied by:

• a qualified electronic signature.
• a trusted signature.
• or a personal signature.

This regulation is important because it removes doubts that have arisen in previous court practice regarding the attachment of powers of attorney to documents submitted via an ICT system. The requirement is to submit the document in a manner that allows for verification of the electronic signature- by submitting it on a data carrier such as a USB flash drive or CD.

Types of electronic signatures- which one will be needed for a power of attorney?

A qualified signature is the most universal tool among the available e-signatures. It is a commercial service provided by certified suppliers. Its use is regulated by the Electronic Signature Act and the EU eIDAS Regulation. Thanks to this, it is used and recognized throughout the European Union. This type of electronic signature will be crucial for non-Polish citizens who want to submit an electronic power of attorney.

Currently, every user of the mObywatel application has access to a service that allows them to submit 5 qualified signatures per month free of charge. This significantly increases the availability of this form of electronic signature, which is extremely beneficial in combination with the possibility of submitting electronic powers of attorney.

A trusted signature is a free tool for electronic identification. It is submitted using a Trusted Profile, which can be set up free of charge if you have a Polish PESEL number. Until now, the trusted signature has been used primarily for dealing with Polish state institutions, in official matters and in contact with public administration.

The signature can be submitted on the Trusted Profile service website or in the mObywatel application.

A personal signature is an advanced electronic signature that is a signature from an ID card (e-ID). To place a personal signature, you need an e-ID card with an electronic layer and a PIN code for it. However, this service is only available to persons who have a Polish ID card equipped with an electronic layer (i.e., issued after March 4, 2019) and the mObywatel or eDO App application.

Power of attorney in mObywatel 2.0- how does it work and what does it change for citizens?

In parallel with the changes in court procedure, the mObywatel 2.0 platform introduces a new feature called “Power of Attorney.” This feature, available both in the mobile app and in mObywatel in a browser, is designed to enable users to issue powers of attorney, manage them, and use them in a simple and free manner.

Thanks to these changes to mObywatel, when contacting government agencies, it will be possible to use the number of a specific power of attorney, which will confirm to the agency that you are acting on behalf of another person, company, or institution- without the need to present a paper document.

The developers focused on simplifying the process of granting and using powers of attorney, striving to ensure clarity and functionality.

Currently, this function is to cover the granting of power of attorney to obtain copies of civil status records, but it is possible that in further stages of work it will be supplemented with other types of cases.

Digitization of the judiciary

The changes introduced are a key element of a broader process of digitizing the judiciary, which aims to increase the efficiency and modernization of the entire system. As a result, court procedures are becoming more adapted to contemporary standards of digital information and document exchange.

Electronic powers of attorney from March 2026 – time to prepare.

The new regulations represent a real change in procedural practice, both for law firms and for companies and institutions using e-delivery and powers of attorney. If you want to find out how to implement the changes in your organization, contact our team. We will help you prepare for the digital transformation of court proceedings.

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