What is a power of attorney?
A power of attorney is a declaration of intent that allows another person to represent you in legal transactions. A comprehensive power of attorney is the most effective means of avoiding legal guardianship.
What can I do with a power of attorney?
In principle, all everyday matters. The grantor of power of attorney can specify exactly which areas are to be decided on behalf of the grantor. A power of attorney should be comprehensive so that the holder of the power of attorney is actually able to act.
When does a power of attorney come into force?
To ensure that the power of attorney holder can act immediately if necessary, the power of attorney should become valid as soon as the original is presented. It should therefore not be subject to any conditions.
Can more than one person be authorized?
Yes, but in order to avoid difficulties in practical use, the authorized representatives should have sole power of representation in the external relationship. In such a case, it should be ensured that the proxy holders agree on their actions.
Does a power of attorney have to be notarized?
It is advisable to have the power of attorney notarized, as this is required for the settlement of certain matters. Such certification can be obtained from a local court, for example. If the authorized representative is to carry out transactions relevant to the land register, notarization is essential. Since a power of attorney only fulfills its purpose if its legality is not questioned later, the holder of the power of attorney should have his or her legal capacity confirmed by a family doctor or specialist.
Where do I deposit a power of attorney?
If it is to be effective immediately, it can be handed over directly to the proxy holder. In other cases, it can be kept in a place known to the future proxy holder or with a notary or lawyer. It is also possible to have the existence of a power of attorney registered in the Central Register of Powers of Attorney (ZVR) (subject to a fee).
Is there help with drawing up a power of attorney?
The care authority will be happy to help you draw up a power of attorney. In individual cases, tips can also be given in a personal meeting after making an appointment (see contact details at the bottom of this page). Comprehensive information on this topic can be found in the brochure "Legal provisions". Legal advice can be obtained from notaries and lawyers.