By planning ahead in good time, you can decide for yourself who may act on your behalf and make decisions if you are temporarily or permanently unable to do so.
On request, we also register the relevant documents in the Central Register of Powers of Attorney of the Federal Chamber of Notaries, so that doctors and guardianship courts quickly learn of your power of attorney in an emergency.
In particular, we advise you on:
- General and lasting power of attorney
- Care directive
- Living will
Certification or notarisation?
A general and lasting power of attorney can in principle be either certified or notarised by a notary. However, there are important practical differences between the two forms:
- A certified power of attorney remains a privately drafted document. The notary merely confirms the authenticity of the grantor’s signature. There is only ever one original of such a document. The attorney-in-fact must use this original in legal dealings and therefore bears the risk of losing it; a certified copy cannot replace the original. If the original is lost, a new power of attorney must be granted – which is no longer possible, for example, if the grantor has lost legal capacity by then.
- With a notarised power of attorney, by contrast, the original deed remains permanently with the notary. The notary issues official copies (Ausfertigungen), which take the place of the original in legal dealings. If an official copy is lost or further copies are needed, the notary can issue additional ones – with the grantor’s permission, which is usually given when the power of attorney is executed. This remains possible many years later and in particular when the grantor no longer has legal capacity.
Notarisation offers further advantages: notarial advice is included, and the content of the power of attorney is tailored to the grantor’s individual wishes and needs. In addition, a notarised power of attorney satisfies all formal requirements. For example, an attorney-in-fact can only conclude a consumer credit agreement – such as to finance necessary repairs to the family home – on the basis of a notarised power of attorney.
Further information can be found in the brochure “Beizeiten vorsorgen – mit Vollmacht, Betreuungs- und Patientenverfügung” (in German), available for download below.
Explanation of terms
Public certification is a notary’s official confirmation that the signature on a document originates from a specific person and that the signatory signed or acknowledged the signature in person before the notary.
In notarisation, the document itself – its entire content – is drawn up by the notary. During the notarisation appointment, the notary reads out the full text, explains the meaning and implications of each provision and, where necessary, adapts them to the grantor’s personal wishes and needs, so that the power of attorney reflects exactly what the grantor intends.
Official copies are special copies of notarial deeds. The certification note not only confirms that the copy matches the original but also gives it the effect of an original. The grantor determines the conditions under which the notary issues official copies.
Information material for download
Forms
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If none of the forms quite matches your situation, please don't hesitate to contact us directly. We're happy to help and discuss individually what information is needed.
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