{"id":2540,"date":"2025-02-12T15:23:00","date_gmt":"2025-02-12T14:23:00","guid":{"rendered":"https:\/\/notar-sawade.de\/vorteile-von-vollmachten-beim-notar\/"},"modified":"2025-02-12T15:23:00","modified_gmt":"2025-02-12T14:23:00","slug":"vorteile-von-vollmachten-beim-notar","status":"publish","type":"post","link":"https:\/\/notar-sawade.de\/en\/vorteile-von-vollmachten-beim-notar\/","title":{"rendered":"Advantages of powers of attorney drawn up by a notary"},"content":{"rendered":"

Schleswig-Holstein Chamber of Notaries.<\/em>\u00a0Consumers 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 effective for many purposes without any formal requirements, a notarized power of attorney has numerous advantages. In the case of a power of attorney for healthcare, which is intended to provide for sudden incapacity and prevent legal guardianship, the notary ensures that the authorized representatives can handle everything in accordance with the wishes of the principal if necessary. Once the person concerned is temporarily or permanently incapacitated, it is too late to grant power of attorney.<\/p>\n

Find out why here\u00a0Notaries are bound to secrecy\u2014even towards relatives.<\/a>.<\/em><\/p>\n

Notary advises on all content-related issues<\/h3>\n

Before the notary certifies a power of attorney, he discusses the principal's wishes with him, informs him of the legal implications, and ensures that the power of attorney is clear and legally secure. In particular, a notarized power of attorney specifies exactly which legal transactions the agent may carry out on behalf of the principal. In doing so, 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 confirming a\u00a0legal incapacity<\/a>\u00a0certify. He will also recommend that the power of attorney remain valid after death so that the authorized representative can continue to act even after the death of the principal. On the other hand, the notary always suggests that the power of attorney be made revocable in order to prevent abuse.<\/p>\n

Maximum acceptance in legal transactions<\/h3>\n

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.<\/p>\n

Notarized copy as proof of entitlement<\/h3>\n

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.<\/p>\n

Notarization mandatory in some cases<\/h3>\n

If the principal owns real estate, a health care proxy should always be notarized so that the agent can prove to the\u00a0land registry office<\/a>\u00a0remains capable of acting at all times. Savings banks and banks are also generally not satisfied with privately drafted powers of attorney or powers of attorney in which only the signature of the principal has been certified by a notary. Finally, it is never too early to set up a power of attorney. Illness or accident can strike at any time.<\/p>\n

If you would like advice on this topic from a notary in advance, you can find it on the Internet at\u00a0https:\/\/notar.de\/<\/a>\u00a0the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at\u00a0https:\/\/ratgeber-notar.de\/<\/a>.<\/p>","protected":false},"excerpt":{"rendered":"

Schleswig-Holstein 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 effective for many purposes without any specific form, a notarized power of attorney has numerous advantages. If it is a power of attorney for healthcare, which provides for sudden incapacity and a legal...<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2540","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2540","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2540"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2540\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2540"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2540"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2540"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}