Advantages of notarized powers of attorney - notary advises and ensures legally compliant wording

Westphalian Chamber of Notaries. Consumers often assume that a power of attorney must be certified or notarized by a notary in order to be valid. However, although powers of attorney are valid for many purposes without any formal requirements, a notarized power of attorney has numerous advantages. If it is a health care proxy to provide for sudden incapacity and prevent legal guardianship, the notary helps to ensure that the authorized representatives can arrange everything in the interests of the principal if necessary. If the person concerned is temporarily or permanently no longer legally competent, it is too late to grant a power of attorney.

Notary advises on all content-related issues

Before the notary notarizes a power of attorney, he discusses the wishes of the principal with him, informs him of the legal implications and ensures a clear, legally secure structure. In particular, a notarial power of attorney regulates exactly which legal transactions the authorized representative may carry out for the principal. The notary will always recommend that the validity of the power of attorney should not be made dependent on certain conditions, such as the presentation of medical certificates attesting to legal incapacity. He will also recommend that the power of attorney remain effective after death so that the authorized representative remains capable of acting even after the death of the principal. On the other hand, the notary will always suggest that the power of attorney be revocable in order to guard against abuse.

Maximum acceptance in legal transactions

A notarized power of attorney ensures a high level of acceptance in contact with authorities or in legal transactions with insurance companies, banks and other third parties. During the notarization process, the notary verifies the identity of the principal and reads out the entire document. If the principal approves the text, he or she signs the deed together with the notary. In this way, there is certainty about the intentions and wishes of the principal even if he or she is no longer able to express himself or herself following an accident or illness.

Notarized copy as proof of entitlement

The notarized original power of attorney remains with the notary. The authorized representative(s) receive official copies, so-called copies, to prove their authorization. Mere copies are not sufficient proof. The notary can issue further copies in the event of loss and even after many years. This means that the persons of trust always remain capable of acting. The deed should specify to whom and under what conditions further copies may be issued. The scope should not be too narrow so that representation does not fail in the event of a missing copy. If the power of attorney is later revoked, the notary must be informed so that he does not issue any further copies. Finally, the notary will strongly recommend that the power of attorney be registered in the Central Register of Lasting Powers of Attorney of the Federal Chamber of Notaries so that doctors and hospitals in particular know who to contact if the worst comes to the worst.

Notarization mandatory in some cases

If the principal owns real estate, a power of attorney should always be notarized so that the authorized representative remains able to act vis-à-vis the land registry at all times. Savings banks and banks are also generally not satisfied with privately drafted powers of attorney or powers of attorney under which only the signature of the principal has been notarized by a notary. Finally, it is never too early to make a power of attorney. An illness or accident can strike at any time.

If you would like advice on this topic from a notary in advance, you can find it on the Internet at https://notar.de/ the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at https://ratgeber-notar.de/.