POWER OF ATTORNEY:
Power of Attorney is a document by which the legal competence of a client/s is/are transferred to someone else. Or, a legal contract that enables a client to appoint someone else as his legal representative.
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. Therefore, in order to prevent loss of time, Afghan Agencies, Embassies and Consulates are required to make a power of attorney based on the laws of the attorneys stated in the 34th Article.
Below are the important components that are to be taking into account while a power of attorney is to be made.
- Subject of the power of attorney ( in what matters the attorney is being appointed to)
- Agent’s granted powers ( what powers given to the Attorney)
- Witnesses (please see the requirements section below)
*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 (grantor) based on a written letter (power of attorney).
REQUIREMENTS FOR MAKING A POWER OF ATTORNEY:
Attorney should be Afghan, possessing Afghan national ID (Tazkira)
• Tazkira for Attorney is mandatory.
• Without having a Tazkira, an Attorney cannot be appointed
• Attorney’s two color passport size photos
• Witnesses should be Afghans
• Witnesses should be men
• If women, two women are counted as one men, in accordance to the Islamic laws.
A $125 money order payable to the order of Afghan Consulate – New York
Processing time: one business day – by appointment
Note: 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. A complete identification including attorney’s name, father’s name and grandfather’s name, ID (Tazkira) and photos are mandatory.
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.