Whilst having property in Greece and residing abroad, at some stage you will be required to address property issues. In most cases it is not necessary to grant Power of Attorney for dealing with them, because these issues can be handled by a local law firm, or a home watch company, on your behalf.
This article explains when you may need a Power of Attorney in Athens, when you don’t and how your property can be managed by a home watch service on your behalf to deal with most of the matters that affect your home whilst you are away.
Why Do Overseas Owners Ask About Powers of Attorney So Frequently?
When an overseas property owner is living abroad there is the obvious physical distance between them and their property, but this creates many worries in the minds of owners.
What if someone needs to talk to the police? How am I going to get someone to let a plumber into my apartment? Who can authorize the repairs? Do I have to personally sign anything?
- “Do I need someone to talk to the police on my behalf?”
- “Who can authorise the contact with the police, let in a plumber to repair a leak etc.? Does one have to sign documents personally?”
- “Who can authorize the repairs?”
- “Do I have to personally sign anything?”
The term Powers of Attorney is often mentioned early in conversations regarding local assistance for property owners abroad. Owners abroad wrongly assume that they need to grant legal authority to someone in order to receive assistance with their property locally.
Very few property related issues require a Power of Attorney in Greece.
Power of Attorney: How It Works and When It Is Needed
Depending upon the scope of the document and the powers granted, you can empower your chosen representative to inter alia:
- Enter into contractual agreements
- Represent you before public authorities
- Purchase or sell a property
- Open or manage a bank account
- File a sworn affidavit with a court or other government agency.
Why Not Use a Power of Attorney for Property Care in Greece?
Perhaps the most important point regarding Powers of Attorney is that they are granted prior to execution before a Notary Public and frequently require translation, apostillation and Consular authentication where the person issuing the Power of Attorney is abroad. Hence such documents are not the sort of everyday matter which can be properly dealt with in respect of property care whilst abroad.
When Will You Need a Power of Attorney?
Below you will find examples of when you will need a Power of Attorney.
Some examples of when you will need a Power of Attorney include:
- Buying or selling a property in your name
- Signing a property transfer or deed
- Representing yourself before a Notary Public for any matter related to ownership.
- Handling matters relating to the heritage or succession of a property.
- Opening a bank account (in your name)
- Submission of a sworn affidavit to any government agency on your behalf.
Whether or not you need a Power of Attorney to complete a property transaction depends on the specifics of the transaction. If you are purchasing, selling or transferring property in your own name then a Power of Attorney is typically not required to complete the transaction.
These are all instances of either purchasing/selling property or otherwise acting in a manner that represents you financially or legally. Thus, in all of these cases a Power of Attorney is both appropriate and necessary.
When Are You Not Required to Have a Power of Attorney?
For the majority of property-related matters throughout your day, you will NOT require a Power of Attorney for them.
Examples of property-related issues that do not require a Power of Attorney include:
- Conducting home watch visits
- Checking on your property on a regular basis
- Making emergency visits to your property
- Allowing technicians into your property
- Coordinating with plumbers, electricians, locksmiths etc.
- Overseeing repairs
- Locking/boarding up your property after a break-in
- Communicating with the management company of your building
- Collecting mail and notifications at your property
- Monitoring utility usage at your property
- Reporting issues and providing updates to you
Each of these activities require physical presence at your property to complete them. But none require delegation of authority to sign your name on documents or enter into contractual obligations on your behalf.
None of the home watch services’ activities require the delegation of authority to sign home watch-related documents and to enter into contracts for services at the subject property.
Why Home Watch Services Do Not Require a Power of Attorney
A home watch service provides operational assistance, not legal assistance.
We are your eyes, ears and hands on the ground.
We do not substitute for you legally.
We do not sign contracts in your name.
We do not make decisions regarding the ownership of your property.
With our property home watch service, you will receive daily, weekly, and monthly updates, along with photos, videos, and notes.
Therefore, a Power of Attorney is not required to utilize our home watch services.
What Does “Acting on Your Behalf” Really Mean?
When we say we act on your behalf, we mean:
- We visit your property as needed
- We communicate with technicians, building managers and service providers
- We coordinate and oversee the work performed on your property
- We keep you updated via phone call, email etc. regarding what is happening at the property.
- We assist you in making informed decisions
Ultimately, the final decision-making authority remains with you.
- You decide when to allow access to your property
- You decide when to allow access to your property by whom and for what reason
- You decide how much money to spend
We support you in the management of your property, you remain in full control of your property.
We provide operational support, not legal representation.
Home Watch vs Legal Representation
Our boutique home watch service in Athens provides local representation and acts as your eyes and ears at your Athens home. When you engage our home watch service we try to familiarize ourselves with your home so that you have less to worry about with regards to the safety and security of your property.
Our boutique home watch service in Athens is designed to provide you with local representation, familiarization with your property and consistent communication to alleviate your concerns regarding the security and well-being of your property. Our home watch service does not constitute legal representation. Instead we try to establish and maintain a good relationship with our customers and the individuals working on their behalf in their best interest.
Our Home Watch is designed to provide you with local stewardship, and does not necessarily imply delegation of authority.
Emergency Situations Without a Power of Attorney
One of the greatest fears of overseas property owners is that an emergency situation will arise with regards to their home whilst they are abroad.
What happens if you are away from your foreign property and there is a leakage, a burglary or other problems with your foreign building whilst you are away on holiday?
The reality is that emergencies seldom require a Power of Attorney to be executed.
As your home watch provider, we can:
- Visit your property immediately
- Communicate with the police, locksmiths, technicians, etc.
- Secure your property
- Coordinate with contractors to repair your property
- Document everything with photos and notes
- Coordinate next steps
In general, an emergency situation requires someone to be present to deal with the matter at hand. The police, and other authorities, as well as insurance companies, and contractors required to repair your property will deal with the matter at hand, and require no evidence of a Power of Attorney having been granted.
There is no need for a Power of Attorney for the police, your insurance company and the various contractors.
As binding declarations are rarely required, a Power of Attorney is usually not necessary either.
Insurance Claims and the Confusion Surrounding Power of Attorney
One of the most common errors that people make when talking about the need for a Power of Attorney in relation to properties abroad is that an owner requires a Power of Attorney in order to process an insurance claim in respect of a property.
Typically, claims are submitted by the policyholder themselves, with evidence (in the form of photos, reports etc.) collected at the property and invoices for any work paid by the insurer.
You can get evidence, coordinate with contractors to repair your property, and get other necessary documentation. And in the end, you are the policyholder and you will have to submit the claim or approve it.
Furthermore, for insurance claims a Power of Attorney is not needed for filing a claim, as the claim is filed by the policy holder and required documentation like photos, reports and invoices are collected on site.
Why People Mistakenly Believe They Must Obtain Legal Documentation
Overseas owners of Greek properties often get property matters confused with authority to act issues.
An example of the type of problems property owners are facing in Athens would be operational (i.e. not legal) issues with their property such as:
- Leak
- Power outage
- Broken lock
- Building dispute
Each of these potential property problems are operational issues and require someone to physically go to the property and take action, not sign papers.
Home watch services fill this void.
When We Will Tell You a POA Is Needed
Trust is built on being honest and upfront.
It is our intention to clearly advise when a circumstance develops and legal authority is required for an action.
Typically, this will occur in the event of:
- Selling/buying a property
- Formally representing yourself before a Notary Public
- Executing a binding declaration
In all of these cases, we would advise you to seek the assistance of a Solicitor or Notary and for you to complete a suitable Power of Attorney.
We will not muddy the waters.
Peace of Mind with Local Presence but No Legal Complexity
Most overseas owners want one thing: peace of mind over their foreign home.
They want to know that:
- Their home is checked
- Any issues are discovered early
- Someone will be available to react quickly
- They will not return to unexpected issues
That peace of mind is achieved through our local presence and not through the creation of unnecessary legal complexity.
Who Our Boutique Home Watch Service Is Ideal For
Our boutique home watch service in Athens is ideal for:
- Full-time overseas owners
- Owners whose properties are not rented
- Traveling owners
- Those seeking to protect their privacy and control
- Prevention-oriented owners (those who seek to prevent issues prior to them becoming emergencies)
If you want to have your home looked after but are not prepared to hand over your home to be managed and have its legal authority transferred to someone else, then this is the intended approach.
Simple Structure, Clear Boundaries
Our home watch service model is designed to be straightforward:
- No unnecessary legal documents
- No blanket Powers of Attorney
- Clearly defined operational boundaries
- Transparency in communication
- Your approval of all decisions
You remain in control and we do the work for you.
The Cost of Overcomplicating Things
As owners can be afraid of the possible legal complexity involved, they put off getting help because they believe it involves complex legal work which needs to be sorted first.
During that time:
- Small issues become bigger
- Emergencies escalate
- Stress levels increase
Home watch is there to remove the obstacles to your leisure time, not to add to them.
Power of Attorney is not necessary for property oversight
A Power of Attorney will only be required for legal and transactional matters related to the ownership of your property (such as the sale/purchase of your property) or for representing you before authorities. For all other property-related issues (daily, emergency, maintenance, etc.) and for achieving peace of mind, a reputable and professional home watch service is the best alternative.
Do I need a power of attorney for property issues in Athens, Greece?
A Power of Attorney is required for legal and transactional matters (e.g. sale/purchase of a property) and for representations before authorities in matters related to property ownership by the property owner abroad.
All other issues related to your property (maintenance, repair, etc.) as well as the desire to have peace of mind whilst you are away from Athens can be effectively handled by a reputable and experienced home watch service.
At the same time, our boutique home watch service for properties in Athens operates within clearly defined boundaries to serve your interests in the best possible way.
You maintain control. We provide presence. Your home will continue to be safe, cared for, and ready for your return.