Last updated: 01.01.2026
What is Power of Attorney?
A power of attorney is a legal authorization granted to another person (attorney-in-fact) to act on behalf of another person (the principal). This allows the attorney-in-fact to perform specific legal acts that have a direct impact on the principal.
Examples include signing a contract, selling real property, or representing someone before public authorities or in court. Any action taken by the agent binds the principal as if it had been carried out personally.
A power of attorney may be granted by both a individuals and legal entities, such as a limited liability company.
What types of Power of Attorney are there in Polish law?
Polish law distinguishes several primary types of power of attorney, each differing in the scope of authority granted and the nature of authorized activities:
- General power of attorney (ordinary power of attorney) – This is the most basic form, allowing the agent to handle routine matters such as signing standard agreements or incurring everyday obligations. It covers acts of ordinary administration typically involved in the regular operation of an individual or a company.
- Special power of attorney – Ideal for assigning the agent to perform specific task such as selling a real property, signing an important contract, or making a defined purchase. The agent is granted narrowly defined authority and cannot exceed the specified scope. This form is required for the sale of a business, the granting of usage rights, and for transferring or encumbering real estate.
- Type-Specific Power of Attorney (temporary) – Grants the agent authority to perform a defined category of actions, such as negotiations, entering into certain types of contracts, or purchasing goods and services, but strictly within the specified scope. It’s useful when limiting the power of attorney to a particular type of activity.
Form of Power of Attorney in Poland
A power of attorney can be granted in any form – written, verbal, or even via email.
However, for certain actions, specific legal forms are required for the document to be valid. For instance, a power of attorney to sell real estate must be executed as a notarial deed.
In business practice, powers of attorney are most often granted in writing, which helps prevent disputes – especially when the agent is handling matters related to assets or liabilities.
How to revoke the Power of Attorney in Poland?
Revoking a power of attorney in Poland is simple. You can revoke a attorney-in-fact at any time without the agent’s consent. Although verbal revocation is allowed, it’s advisable to revoke in writing for clarity and legal certainty. Revocation becomes effective once the agent is informed.
If you have any doubts as to whether a given power of attorney is still valid, it is advisable to consult a lawyer, especially if it concerns the representative’s actions vis-à-vis public institutions or business partners.
A power of attorney may be granted for an indefinite period, so always remember to revoke any powers of attorney granted when you terminate your cooperation with the representative.
When does a Power of Attorney expire in Poland?
In Poland, a power of attorney may expire for several reasons:
- Death of the principal or agent – as a rule, a power of attorney expires when the principal or agent dies, unless the power of attorney was granted in such a way that it is to remain in force even after the death of one of the parties.
- Performance of the act for which the power of attorney was granted – if the power of attorney concerned a single, specific act, e.g. the sale of real estate, it expires upon performance of that act.
- Expiry of time – if the power of attorney was granted for a specified period, it expires upon expiry of that period.
- Revocation by the principal – as mentioned above, the principal may revoke the power of attorney at any time.
What acts require a special form of Power of Attorney in Poland?
In certain situations, the law requires that a power of attorney be granted in a special form, e.g., in the form of a notarial deed. This applies in particular to activities which themselves require a specific legal form. Here are the most important ones:
- Sale of real estate – a power of attorney to sell real estate, such as a house, apartment or plot of land, must be granted in the form of a notarial deed. This is a legal safeguard to prevent possible abuse.
- Sale of shares in a limited liability company requires a written form with signatures certified by a notary public.
- Conclusion of a donation agreement – a power of attorney must be granted in the form of a notarial deed if the attorney-in-fact is to make a donation on behalf of the principal.
Lack of authorization (falsus procurator) in Poland
If someone acts on another’s behalf without a proper power of attorney or exceeds its scope, their actions shall, in principle, have no legal effect on the principal. This means that the actions performed by such a person are invalid.
However, it is possible to confirm such an action later, which will make it valid from the moment it was performed.
If you do not confirm the actions of a person who acted without power of attorney, they may be liable to the other party to the contract for any damages resulting from the mistaken belief that the act was valid.
Power of Attorney for legal proceedings in Poland
A power of attorney is an authorization for a person (e.g., a lawyer or legal advisor) to represent the principal before a court. A legal representative has the right to take all actions related to court proceedings, such as:
- submitting motions, concluding settlements or withdrawing a lawsuit,
- filing a counterclaim, cassation appeal, complaint for resumption of proceedings by the principal,
- taking all actions related to security and enforcement,
- granting further power of attorney to a lawyer or legal advisor,
- concluding settlements, waiving claims or acknowledging the claim, unless this has been excluded in the power of attorney,
- collecting the costs of the proceedings from the opposing party.
A power of attorney may be granted in writing or orally for the court record.
Commercial proxy – a special type of power of attorney
Commercial proxy is a special type of power of attorney that may only be granted by an entrepreneur entered in the register of entrepreneurs (KRS) or the Central Register and Information on Economic Activity (CEIDG).
The scope of a procurator’s authority is very broad, but it does not include activities such as the sale or encumbrance of real estate, which require a separate power of attorney. A commercial proxy may have broader powers than a typical attorney-in-fact, especially in the area of running a business.
Information about the granting of a procuration is subject to disclosure in the relevant register (KRS or CEIDG).
You can read more about procuration and the rules for granting it in our separate article: Commercial Proxy in Poland.
Power of Attorney
A power of attorney is a tool that can greatly facilitate the running of a business. It allows you to delegate important matters to another person, saving you time and energy.
However, it is crucial that the power of attorney is granted in the correct form and to the appropriate extent. If necessary, we recommend consulting a lawyer to ensure that everything has been prepared correctly.
Power of attorney – sample
POWER OF ATTORNEY
ABC sp. z o.o. with its registered office in Warsaw, KRS number: 111111, NIP number: 1111111111, REGON number: 111111111, represented by a member of the management board authorized to represent the company alone – Krzysztof Kowalski (hereinafter: the Principal), grants attorney Aneta Kaczmarek and legal advisor Wojciech Nowak (hereinafter: the Attorneys), each of them separately and independently, power of attorney to:
______________________________________ [scope of power of attorney]
In case of doubt, this power of attorney shall be interpreted broadly.
This power of attorney is granted under Polish law and shall remain in force until revoked by the Principal.
____________________________ [signature]
[First name, last name]
On behalf of ABC sp. z o.o.
You can download your PDF template here: Power of Attorney in Poland Template.
You can download your DOC template here: Power of Attorney in Poland Template doc.
FAQ – Power of Attorney in Poland
What does “power of attorney” mean in the context of Polish law, and can powers of attorney vary?
In Polish law, an attorney means a person authorized to act on behalf of another (the principal) based on a legally binding power of attorney. The powers of attorney vary depending on the type (general, specific, or special) and the scope of authority granted in the document.
This variation affects what legal actions the power of attorney can take, from everyday matters to significant transactions like selling real estate.
What should a Power of Attorney document contain in Poland to be valid?
The power of attorney document should include the details of the parties, the scope of authority, the purpose of the power of attorney, and the signature of the principal.
What happens to the Power of Attorney if the principal dies in Poland?
In Poland, if the principal dies, the power granted to the power of attorney generally expires. This means the attorney’s authority to act on the principal’s behalf ends automatically. However, in exceptional cases where a statutory power explicitly provides otherwise, the legal authorization may survive death.
If the attorney remains active without knowing the principal has died, such actions may be considered invalid unless later confirmed by the principal’s successors.
Can a Power of Attorney be used for financial matters and managing finances in Poland?
Yes, under Polish law, a power of attorney may be used to manage a wide range of financial matters, including paying bills, financial statements, and managing finances such as bank accounts, insurance policies, or real estate transactions.
The authority granted can be broad or limited depending on the form of the attorney and the legal document signed. For sensitive financial affairs, it is advised to use a durable power or financial POA format with clearly defined agent’s duties to protect the principal’s wishes.
Is it necessary to have a notarial form for all types of Power of Attorney acts in Poland?
Not all attorney acts require a statutory form or notarization. However, for certain actions such as sell property or conclude contracts involving real estate transactions, a separate document in the form of a notarial deed is legally required. Failure to meet the required attorney form may result in the legal document being deemed invalid.
For ordinary own affairs or representation before financial institutions, a written power of attorney is typically sufficient, but for matters involving health care decisions or medical powers, especially where the person creating the document may become mentally incapacitated, more formal documentation may be required, such as a health care power or advance directive.
Can a financial Power of Attorney include more than one agent in Poland?
Yes, a financial power of attorney may appoint more than one agent. In such cases, the legal authority of each agent must be clearly defined in the legal document. The agent’s authority can be exercised jointly or independently, depending on how the principal chose to grant powers.
Clarity in roles helps prevent conflicts, especially between family members or other family members involved in the principal’s property or financial affairs.
What is a springing Power of Attorney and is it recognized in Poland?
In Poland, a “springing” power of attorney, also known as a “limited” or “special” power of attorney, takes effect only when the principal (the person granting the power) becomes mentally incapacitated.
While Polish law allows for conditions in powers of attorney, this concept is less common than in some other jurisdictions. If used, it must be drafted carefully to ensure that the mental capacity trigger is clearly defined and can be legally verified before the agent’s authority becomes active.
How is a Power of Attorney revoked in Poland, and what happens when an agent resigns?
The principal revokes a power of attorney by notifying the agent – preferably in writing. The attorney ends their role the moment they receive this notice. If an agent resigns, they must inform the principal in a verifiable manner.
It is good practice to designate a successor agent in the legal document, especially for long-term or enduring power arrangements, to ensure continuity of representation over the principal’s property or financial matters.
What role does a living will or advance directive play in health care powers in Poland?
Although not universally standardized, a living will or advance directive may complement a health care power of attorney by expressing the principal’s wishes regarding medical care, life support, and other critical health decisions.
The attorney-in-fact must follow these directives as long as the principal signs them while mentally competent. In cases of legal separation or disputes among family members, such documents are especially valuable in ensuring decisions align with the person creating them.
What is an electronic Power of Attorney?
An electronic power of attorney is a form of legal authorization granted in a digital format, allowing an attorney-in-fact (agent) to act on the principal’s behalf in specific matters without requiring a traditional paper document.
Are attorneys in fact entitled to reimbursement for reasonable expenses in Poland?
Yes. Under Polish practice, attorneys (agents) acting under a power of attorney are generally entitled to reimbursement for reasonable expenses incurred while performing their duties – provided these expenses are properly documented and were necessary for the execution of the assigned tasks.
