Power of attorney without notary: in these cases it is valid

In principle, a proxy authorization is also valid without being certified by a notary. We'll explain why. However, we show why notarial certification makes sense and is sometimes even necessary.

Power of attorney valid even without a notary

The granting of a power of attorney is clearly regulated in the Civil Code (BGB). This regulation affects all types of power of attorney, including the power of attorney.

• In paragraph 167 paragraph 2 of the German Civil Code it is stipulated that no specific form for granting a power of attorney has to be given.
• The power of attorney is binding even if you give it verbally - in contrast to a living will, which must always be in writing.
• However, numerous problems may arise later if the proxy authorization is not fixed in writing and notarized.
• The prerequisite for granting a power of attorney is the legal capacity of the power of attorney. You can hardly prove this if the precautionary power of attorney comes into effect.
• However, if the notary notifies the power of attorney, you are on the safe side. The notary not only checks your identity and that of everyone involved. He also determines your ability to act in one go.
• Although the power of attorney is generally also valid without a notary, in some cases a notarized certification is mandatory.

In these cases, the proxy authorization must be notarized

Depending on the areas covered by the power of attorney, a notarized certification must be available.

• This is the case if the authorized representative should also be able to take over banking and real estate transactions for you.
• Many banks require a notarial power of attorney if a loan is to be taken out that can cover care costs.
• As a rule, you must also submit a bank power of attorney.
• If you have a company and want to authorize a person to continue this business for you in the event of illness, for example, a notarized proxy authorization is also required.

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In our next post, you will find out what you need to consider if you want to file a will.