Power of attorney

If you want to shape your future in a self-determined way, avoid legal support proceedings or even just ensure that immediate action can be taken in an emergency, then you should already authorize another person of your trust. This can be done by means of a precautionary power of attorney.

The power of attorney is valid informally and can therefore also be issued orally. However, although not required by law, it is strongly recommended to write them in writing for security and also for reasons of proof.

In addition, you can also have your signature certified under the power of attorney by the supervisory authority or by the local courts. This allows you to prevent doubts about the authenticity and identity of your signature from the outset. A notarial form is - apart from exceptional cases (see below) - not necessary, but often useful. In particular, the notarial certification of the precautionary power of attorney significantly increases its probative value and largely excludes the possibility that objections to your legal capacity and to the seriousness of your decision will be raised later in the event of representation.

A notarial certification of the power of attorney is always necessary if the power of attorney is to be irrevocably granted for the acquisition or sale of land or condominiums. Even a revocable precautionary power of attorney can become de facto 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 precautionary power of attorney, which also authorises the acquisition or sale of land, notarized. If the precautionary power of attorney is intended to entitle the holder to take out consumer loans, a notarial certification is also required. Although a power of attorney to take out a consumer loan can also be granted in writing, it must then receive certain information about the respective consumer loan agreement in accordance with the Civil Code, which can only be given after the content of the contract has already been negotiated. A precautionary power of attorney, which is only intended to generally authorise the taking out of consumer loans at a later date, cannot contain such information. Furthermore, a notarial certification makes sense if you operate a commercial business or are a partner of a partnership or corporation. In addition, a notarial certification can avoid later doubts about the effectiveness of the power of attorney, because the notarial certification proves that you and no one else have made the declarations in the power of attorney and nothing has been changed or added.

Related Links

  • Model of a precautionary power of attorney

Related Links

  • Application for registration of the authorised representative
  • Application for registration of a power of attorney


See also the brochure

  • Who helps me if...

Related Links

  • § 1901c Civil Code (BGB)
  • § 492 Civil Code (BGB)
  • § 415 Code of Civil Procedure (ZPO)

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