A proxy is one of the institutions most popular in practice provided by the Polish legal system. It is most often used in civil and administrative proceedings, when the interested person can not, for various reasons, perform specific activities in this proceeding alone. For this reason, this issue enjoys great interest, especially among foreigners who formally participate in the Polish procedure, but in practice may not always be able to leave their country to appear in person in court or in the office. What is worth knowing about the role of the plenipotentiary? Who can fulfill this function? About this below.
Who can become a proxy?
It all depends on what kind of conduct we deal with. If it is of an administrative nature, it is enough for the person representing us to have legal capacity. In the case of civil cases, the circle of persons who may become a plenipotentiary has been somewhat narrowed by the legislature. Apart from the legal advisor and advocate, this function can only be performed by a person close to you (it can also be a representative of social assistance if the case concerns alimony or is aimed at establishing paternity). However, the most serious requirements regarding proxies are provided for by criminal proceedings. Only a qualified attorney can represent our interests on this ground.
Types of power of attorney
Considering the scope of powers that the attorney acquires together with the procedural mandate, such powers are divided into:
- general (when the attorney acquires the right to represent us in all legal proceedings concerning us. This is the broadest type of power of attorney);
- specific (when the power of attorney precisely indicates the case in which the attorney may act on our behalf);
- power of attorney authorizing to perform a specific procedural act (this may be, for example, the power to submit a complaint).
Agent for deliveries
If we live abroad, being a party to legal proceedings pending in Poland (and in criminal cases also when we do not have the status of a party, but our rights have been violated), we have an obligation to establish a so-called agent for delivery on the territory of Poland, i.e. a person, who will be able to receive letters addressed to us. Such a representative, in addition to a lawyer, can be any other person we can attach to it, so not only family members, but also, for example, trusted friends. Failure to do so may result in adverse consequences, because the letter that was directed to us will probably remain in the case file with the effect of delivery, and we will not have the chance to become familiar with it.
Is it worth to appoint a representative to conduct the case?
Of course. People living abroad often can not be present at any hearing before a Polish court. Having a representative who “keeps his finger on the pulse” makes conducting the process at a distance much easier. Thanks to such a solution, it is possible to react quickly to possible procedural events and thus to properly take care of your interests.