Prerequisites
- As the principal, you are of legal age and legally competent.
- You have an unrestricted relationship of trust with the authorized person.
- The authorized person is willing and able to represent your interests.
- For signature certification, you, as the principal, must be present in person. The competent authority will not perform the certification in your absence.
Documents required
- valid identity card
- if applicable, draft of the power of attorney
Please note
For reasons of clarity and evidentiary value, a written power of attorney is recommended. Written form is required in land registry, commercial registry, and litigation matters. The same applies if the authorized representative is required to consent to, for example, high-risk medical procedures (§1829 of the German Civil Code) or deprivation of liberty measures (§§1831 and 1832 of the German Civil Code). In some cases, such as deprivation of liberty measures or involuntary treatment, decisions made by the authorized representative require approval from the guardianship court.
You can have your signature or handwritten signature on the power of attorney notarized free of charge by the Advisory Center for Legal Care and Power of Attorney. Notarization gives your power of attorney special effect, for example, for the sale of property or the refusal of an inheritance. A power of attorney is valid even without notarization, but it can increase the power of attorney's acceptance in legal transactions. For the notarization of a signature or handwritten signature on the power of attorney, the signatory's ID card is required. Notarization of the power of attorney is expressly required, for example, for: entries in the land register and commercial register, registration in the register of associations, the refusal of an inheritance, and the return of a promissory note.
Individual legal advice and the creation of a power of attorney with notarization are recommended depending on the situation. For example, in cases of complex financial circumstances or family disputes. In particular, notarization of the power of attorney significantly increases its evidential value and largely eliminates the possibility of objections being raised later in the event of representation regarding your legal capacity and the seriousness of your decision. A notarization of the power of attorney is always required when taking out consumer loans, when operating a commercial business, or when acting as a partner in a partnership or limited liability company.
Advance directives can be registered with the Central Advance Directive Register of the Federal Chamber of Notaries for a small fee.
Deadlines
no
