Precautionary power of attorney Unfortunately this specification of service has not yet been completely translated.

If you want to shape your future in a self-determined way, avoid a court-ordered care procedure, or even make sure that immediate action can be taken in an emergency, then you should already authorise another person of your trust. This can be done by means of a precautionary power of attorney.

Although the power of attorney is valid informally, it can also be granted orally. However, although not required by law, it is strongly recommended, for safety and also for reasons of proof, that they be written in writing. In addition, you can have your signature certified under the power of attorney by the care authority or by the local courts. This allows you to avoid doubts about the authenticity and identity of your signature from the outset. A notarial form is not necessary, except in exceptional cases (see below) - but often useful. In particular, the notarial certificate of the power of attorney significantly increases its probative value and excludes as far as possible that objections to your legal capacity and the seriousness of your decision will be raised later in the case of representation. A notarial certificate of the power of attorney is always necessary if the power of attorney is irrevocably granted for the acquisition or sale of land or condominiums. A revocable power of attorney can also become in fact irrevocable if the power of attorney becomes incapacitated and can therefore no longer declare an effective revocation of the power of attorney. It is therefore advisable to have any power of attorney which also authorises the acquisition or sale of immovable property notarized. If the power of attorney is to entitle the holder of consumer loans, a notarial notification is also required. A power of attorney to take out a consumer loan may also be granted in writing, but it must then be given certain information on the respective consumer loan agreement in accordance with the Civil Code, which can only be given once the content of the contract has already been negotiated. A pension power of attorney, which is only intended to authorise a later borrowing of consumer loans, cannot contain such information. Furthermore, a notarial debt is useful if you are engaged in a commercial business or are a partner of a personal or capital company. In addition, a notarial declaration can avoid any later doubts as to the effectiveness of the power of attorney, because the notarial declaration proves that you and no one else have made the declarations in the power of attorney and nothing has been changed or added.


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