Personal action and power of attorney

Introduction

A party may act by proxy unless the nature of the act requires its personal action. In certain activities in the proceedings (e.g., when completing the documentation in the proceedings, when receiving correspondence, or when familiarizing with the case file), provided that:

  • this is permitted by law

  • and results from the scope of the power of attorney granted,

- you can therefore be replaced by a representative.

Before assigning certain activities to a representative, always first make sure that the law does not exclude this possibility. In proceedings for granting a residence permit, you may not, for example, grant a power of attorney to sign the application or instruct the attorney to submit an application if it is required to appear in person when it is submitted.

A representative may be a natural person with legal capacity, which is assessed on the basis of civil law. It cannot be a person who is completely incapacitated. It should, as a rule, be an adult, although in some activities it is sufficient for them to be 13 years old.

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