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241-02 Northern Blvd. 3rd Floor Little Neck NY 11362
Tel: +1 212 972 2277, +1 212 972 2276 Fax: +17182799046
Email: fax@afghanconsulate-ny.org
Working hours: 9:00AM - 3:00PM, Monday - Friday

Power of Attorney

Welcome to the legal information page. On this page you will find information about attestation of
documents such as power of attorney, wills, oaths, affidavits, solemnization of marriage, birth and
death certificates, and requirements for the aforementioned documents. It is important to check the
type of document/documents you need and make sure you are applying for proper services.

Please look over the directions, complete the forms with the correct information, and return it to the
Consulate General with the required attachments.

If you have any questions, please do not hesitate to contact our legal section on 212 972 2276, 212
972 2277 Ext. 1828

Our office hours are Monday to Friday from 10:00 am to 3:00 pm.

Power of Attorney

Power of Attorney is a document by which the legal competence of a client/s is/are transferred to
someone else.

1- In Afghanistan, only those who has license, based on the statements and laws of the attorneys,
could be appointed as an attorney. However, based on the 34th Article of laws of the attorneys, if
defense is for relatives, such as, father, grandfather to 3rd ancestor, spinal child, mother to 2nd
ancestor, father-in-law, brother-in-law and mother-in-law, and/or proposed-participants, in this case an
attorney is not required to hold a license. Appointing an attorney is for defending relatives’ and
participants’ rights. Based on the 34th Article of laws of the attorneys, in case of presence of relatives,
a licensed attorney is not mandatory. However, in case of relatives’ absences, a client is allowed to
appoint someone who’s not a blood-relative as his/her attorney. In addition, a client is allowed to
appoint someone who’s not a blood-relative as his/her substitutable attorney. This substitutable
attorney is allowed to appoint a licensed attorney to present his client at one of the Afghan courts.

2- At the time of making a power of attorney, presence of both client and witnesses is mandatory.
However, presence of the attorney is not necessary. Yet, a complete identification including attorney’s
name, father’s name and grandfather’s name, ID (Taskera) and photo are mandatory. Though, if at the
time of making a power of attorney both the grantor and the agents are present, the power of attorney
is approbating. An approbating power of attorney is the one which waves the attorney to process the
power of attorney in Afghan courts after it’s being issued outside of Afghanistan. Subject of
approbation should be explained and stated in the explanation column. If a client is unable to be
present at the time of making a power of attorney due to illness, seniority, and other proper excuses,
conditional to having all its legal and mental capacity, and making a power of attorney at that time is
mandatory, then Afghan Agencies, Embassies and Consulates are required to send their employee
with two witnesses to obtain the client’s confession at where the client resides at the time being. In
addition, the official from the consulate is required to film and photograph the scene of the place
where the confession is being taken.

3- If a power of attorney is made at the presence of the attorney, and its approbation is mentioned in
the power of attorney, it waves the agent from processing the power of attorney at Afghan courts.

4- If a power of attorney is made at the presence of both the grantor and the agent, or even if one of
them is present at the time of making a power of attorney at one of Afghan Consulates or Embassies,
the power of attorney is required to be legalized at the Counselor Department of the Ministry of
Foreign Affairs and to be recorded and kept at the court of justice.

5- Below are the important components that are to be taking into account while a power of attorney
is to be made.

- Grantor
- Attorney
- Subject of the power of attorney
- Agent’s granted powers
- Witnesses

Grantor:  a person (client) who’s authorizing someone else (attorney) to act on his/her behalf in legal
matters.

Attorney: a person who’s being authorized to perform on someone else’s behalf based on a written
letter (power of attorney).

Substitutable power of attorney: a power of attorney by which the attorney is authorized to appoint
someone else as an attorney on his/her behalf. A substitutable attorney is allowed to appoint someone
else as attorney only once. The original grantor is capable of dismissing the second attorney not the
substitutable attorney. In absence of an attorney, a power of attorney is allowed to be made, and its
acceptance by the attorney is made through a confession letter.

Subject of the power of attorney: is the grantors possession which is being acted upon based on a
written document (power of attorney) by the grantor’s attorney.

Witness: a person who’s giving a statement of something being actual and has happened in his/her
presence. Witnesses, in a legal matter, have to be two men or one man and two women. In
exceptional cases, where men are not allowed to be informed about women’s state, women’s witness
is acceptable too.

Agent's granted powers

Grantor is capable of granting, in part of his possession, powers to an attorney as follows:

- Obtaining deed’s replica
- Sale based on definitive or allowable price
- Deed’s admittance to costumer
- Receiving (cost) money and admitting it to the grantor/grantors
- Property admittance
- Renting the property
- Protection and supervision of the property or possession
- Paying tax
- Legal proceeding up to the third court
- Arranging a death certificate
- Division letter
- Arranging a marriage certificate
- Single status letter
- Retirement arrangements
- Obtaining educational documents
- Obtaining the new deed
- Making peace and discharge

Witnesses

People, who are prudent, mature and possessing their legal capacity and are in recognition with the
grantor/s, who have come to be witness in arranging a power of attorney, and witness on confessors
and the grantors and who takes the burden if their confessions are proven otherwise, are recognized
as witnesses.

In one or more subjects, a grantor/s is allowed to appoint multiple attorneys to his/her legal
possession. Performances of the attorneys are required to be as partnerships. Their presence, while
arranging a power of attorney, is mandatory. Multiple attorneys, in a united contract, have partnership
liability. If the power of attorney is not divisible or it doesn’t pass back harm to the grantor and the
harm to the grantor is from attorneys and one of the attorneys override the rights that have been
appointed to him, then this action doesn’t impose a partnership liability.

6- For a power of attorney to be valid the grantor must be aware of his/her legal possession and the
attorney has to be someone who’s capable of signing a legal advocacy.

7- Attorney should be informed while arranging a power of attorney in his absence. If a power of
attorney is made in the absence of the attorney, the attorney has the right to override this action and
doesn’t accept the advocacy. The attorney has the right to practice a contract the same way as his
grantor.

8- An attorney is bound to his given powers only in a limited- power of attorney. The attorney is not
allowed to override the powers that have been appointed to him unless his returning to the grantor is
impossible and he is sure of grantor’s acceptance upon grantor’s understanding. If the attorney
overrides his appointed powers, he’s required to inform his grantor as soon as possible.

9- An attorney is not allowed, by law, to use his grantor’s possession to his benefit, if so, he’s
required to pay his grantor for the usage of the possession for the amount of time the possession has
been used.

10- An attorney is required, by law, to inform and provide up-to-date information about the power of
attorney to the grantor and at the end of process, and he’s held responsible to make clarification about
the process.

11- If multiple attorneys have been assigned based on a united contract which have a partnership
liability, and if individual course of taking an action is not permitted, the attorneys are required to take
action collectively unless in actions such as liability…etc.

12- An attorney is not allowed to appoint someone else as his agent without the grantor’s permission.

13- Conditions on issuance of power of attorney

- While arranging a power of attorney, presence of the grantor and witnesses are mandatory.
- Grantor is required to be prudent, mature and aware of his/ her possession upon which
he/she appoints an attorney and possesses his/her legal capacity.
- Submitting a written document stating attorney’s powers, subject of the power of attorney and
other clarifications.
- Complete identification of the grantor, witnesses, and the attorney.
- The grantor is required to submit a written form stating that he’s possessing all his legal
capacity, without force and with his satisfaction, appointing an attorney to his legal possession.
- If the grantor at the time of arranging a power of attorney has or doesn’t have legal documents
representing his/her legal possessions, Afghan agencies, such as, embassies and consulates,
aren’t obliged or required to ask the grantor for those documents. Requesting legal documents
from the grantor is not embassies and consulate’s responsibility, but Afghan courts’. However in
case of delegation, the grantor is required to provide the property’s number and its boundaries.
- Other fundamental documents such as, division letter, partition letter, endowment letter,
decree, guardian letter and etc., can replace the deed.



14- Based on the refine discretion of the Afghan Supreme Court, if the legal documents of the grantor
at the time of arranging a power of attorney are available, number, date and place of issuance of the
documents should be written in the explanation column of the power of attorney, if not, it should be
written as follows, in the explanation column; the attorney has full knowledge, such as, quantity,
quality, location, boundaries, area and documents, of the property. In this case, as the court deems
permissible, the attorney will be inquired about the property and will be asked for further
documentation about the property.

15- Appointing and dismissal of an attorney is mandated by the grantor. Also, the grantor has the
authority to appoint an expiration date for the power of attorney.

16) Based on the 1606th article of the civil law, power of attorney is terminated if one of the following
occurs:

- When the activity, for which the power of attorney has been made, is done.
- When the appointed date of the power of attorney has been reached.
- When either the attorney or the grantor dies.
- At the time of deterioration of either, attorney or grantor’s, capacity.
- Also, if the attorney himself resigns of being the attorney of the grantor.

However, based on the 1607th article of civil law, the grantor has the authority to dismiss the attorney
whenever he deems necessary, after the attorney is being informed, unless the power of attorney is
also related to others. In this case, the grantor doesn’t have the authority to dismiss the attorney
unless the attorney accepts the dismissal.

17- If the power of attorney, made in one of Afghan embassies or consulates, is lost from the grantor,
the grantor is required to present two witnesses, and if the subject of the power of attorney has not
been changed, the grantor can request a replica of the power of attorney. Also, officials are required to
state that this form is a replica with the same number and date of the original power of attorney. The
officials should also proclaim that the original power of attorney is void.

18- The grantor is not allowed to make any alteration in the context of the power of attorney once it
has been arranged and faxed to the Ministry of foreign Affairs. In case of any alteration, a new power
of attorney shall be made.

19- The context of the power of attorney, after being written, should be read to the grantor and
witnesses, and their tomb finger-type should be printed and signed on the power of attorney.

20- If foreign nationals are carrying out their business in Afghanistan, they should appoint an attorney
in order to pursue their commercial performances. If they (foreign nationals) carry out business in their
own country, they should arrange a power of attorney from judicial and authorized courts. The power
of attorney, in order to be valid and to be accepted in Afghanistan’s judicial courts, has to be legalized
in the Ministry of Foreign Affairs (Department of State) and Afghan Consulates.

21- If there is more than one grantor, their full names, photos, signatures and fingerprints’ should be
written at the back of the power of attorney’s page or additional page must be attached to the power of
attorney.

22- Design of the power of attorney

- Insertion of grantor’s full name (name, father’s name, grandfather’s name) and his/her ID’s
(Taskera) number, volume, page, and registration number and his/her photo.
- Insertion of attorney’s full name (name, father’s name, grandfather’s name) and his ID’s
(Taskera) number, volume, page and registration number and his/her photo.
- Insertion of the witnesses’ full name (name, father’s name, grandfather’s name) and their IDs’
(Taskeras’) number, volume, page and registration number and their photos.
- The explanation column of the power of attorney should be written as follows,
grantor/grantors, whose full name has been written in this power of attorney, has come to this
consulate on (date) and possessing all his/her legal capacity, without any force or reluctance, has
confessed as follows, “I/we, grantor/grantors, possessing my/our legal capacity, not being able to
go to Afghanistan, without any force or reluctance, appoint (____) son/daughter of (____), whose
full identity is written in this power of attorney, is one of our blood relatives, about (any legal
possession), in case of property being a (house), the house’s deed number and the date of
issuance, boundaries, and other specifications, that the attorney is familiar with the property, given
the following powers; obtaining deed’s replica, sale based on definitive or allowable price, deed’s
admittance to the costumer, receiving money (cost) and admitting it to the grantor/grantors,
property admittance, renting the property, protection and supervision of the property or
possession, paying tax, legal proceedings up the third court, division letter, arranging death
certificate, retirement arrangements, obtaining the new deed, making peace and discharge, is
appointed, from our sides, as substitutable attorney and our confession is true, and in case of
contrary, we all bear the burden. Also, two witnesses, possessing their legal capacity, confess that
they have the knowledge of knowing the grantor/grantors. We the witnesses, confess that the
grantor/grantors is/are bearing their legal names and their faces are not substitutes. In case of
contrary, we (the witnesses) bear the burden.

23- If the inheritance is made before, mentioning it in the power of attorney is mandatory.

24- Dismissal of attorney

All the consulates are required to arrange dismissal of attorney in the same manner as the power of
attorney is made. The grantor is mandated by law to arrange a dismissal of attorney as same as
he/she arranges a power of attorney.

25- Confession letter for the dismissal of attorney

Is an official letter by which the grantor, with the presence of two witnesses, terminates all the powers
that have been granted to his/her attorney.

26- Conditions of arranging a letter of dismissal of attorney

Dismissal of an attorney is possible only if these conditions are met;

- Submission of a written request with the copy of the power of attorney
- Presence of the grantor
- Presence of the witnesses

27- Confession letter of attorney’s dismissal template

Afghan Consulates issue confession letter of dismissal of attorney according the following criteria;

- Insertion of the grantor’s full identity
- Insertion of the witness’ full identity
- The explanation column should be written as follows; the grantor, whose full identity is stated
in this dismissal letter, possessing all his/her legal competency, on (date) presented at this
consulate, confessed as follows; I the grantor, possessing my legal competency, confess that
before, based on the power of attorney registration number (____) dated (__/__/__), for selling my
legal possessions, I’ve appointed (_____) son of (_____) grandson of (______) as my legal
attorney. Since my appointed and legal attorney is not legally allowed to pursue being my attorney,
for that he/she has showed and behaved inappropriately and illegally in the matter of my power of
attorney, I hereby truly and honestly confess to legally dismiss him/her from being my legal
attorney.

Hereinafter, whatever action he/she takes in regards to my possession, is not acceptable or legal
to me or other Agencies. Also, two witnesses, possessing their legal competency, confess on the
identity of the grantor that the grantor’s identity is legal and whatever he/she confessed is also
legal and in case of contrary we the witness bear the burden.

28- Attorney is not legally permitted to, without informing the grantor, appoint someone else as an
attorney of the grantor unless it has been specified or stated in the power of attorney that the attorney
has been granted the right to and has been appointed as a substitutable attorney. In this case if the
attorney appoints someone on his/her behalf as the grantor’s attorney, the second attorney is
accepted as the grantor’s attorney and with the dismissal of the first attorney, the second one is not
dismissed as the grantor’s attorney.