Who may be a party’s attorney-in-fact?

Only natural persons who have the capacity to enter into legal transactions may be an attorney-in-fact (art. 33 § 1 of the CAP).

As a rule, an attorney-in-fact should have full capacity to enter into legal transactions. However, the CAP does not set such a requirement, thus allowing for situations in which an attorney-in-fact’s limited capacity to enter into legal transactions will be sufficient.

A power of attorney may be given to virtually anyone who fulfils the above mentioned requirements. It may be a family member but also a neighbour or someone completely unknown to us.
The CAP does not anticipate the requirement to use a lawyer or a legal counsel in any administrative proceedings. This means that in the whole course of action, a party’s attorney-in-fact may be a person with no formal qualifications or professional experience in conducting administrative affairs.