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What is a notarized power of attorney and what is it used for?

A notarized power of attorney is a legal document that allows one person to transfer authority for certain actions that can be carried out on their behalf to another person. It may be used for a range of matters, including property transactions, official applications, court proceedings or routine administrative tasks.

The validity of a power of attorney is limited to the powers written into it. For that reason, the document should clearly specify which actions are covered, and the required authority should be written as precisely as possible rather than using broad, general language.

How does the power of attorney process work?

What information should be prepared before applying?

The first step in the power of attorney process is to determine exactly which transaction the authority will cover. Before the document is prepared at the notary, the identity details of the person granting the power, the identity details of the attorney-in-fact, and the basic information related to the transaction should be ready.

  • Valid identity document
  • Full identity details of the attorney-in-fact
  • The subject and scope of the transaction
  • If needed, information on the relevant property, vehicle, case or application

Because the documents required may change depending on the type of transaction, it can be useful to check with the notary or the relevant institution before applying. In particular, the scope should be written in full for matters such as sales, transfers, litigation follow-up or banking transactions.

What should be checked during preparation at the notary?

When the document is being prepared, the limits of the authority, its duration and any special conditions should be checked carefully. The text should be read before signing, and it should be reviewed whether the representative authority is limited only to the necessary areas. If needed, certain transactions may be excluded or a time-limited power of attorney may be preferred.

How are power of attorney types and the scope of authority determined?

General vs. special power of attorney

Power of attorney types are generally considered under two headings: general power of attorney and special power of attorney. A general power of attorney can provide a broader area of representation, while a special power of attorney is issued for a specific task or transaction. In matters such as land registry transfers, vehicle sales, inheritance procedures or filing a lawsuit, a clearer and more limited definition of authority is usually preferred.

What should be reviewed when granting authority?

  • Grant authority only for the necessary transactions
  • Clearly state critical actions such as sale, transfer, settlement or cash withdrawal
  • Consider whether the power of attorney should be limited in time or open-ended
  • Be aware that the power of attorney can be revoked later if needed

Because the required documents and details of the content can vary from one transaction to another, the safest approach is to seek expert guidance and review the document carefully before the final text is signed. This ensures that the will of the person granting the authority is reflected accurately and helps reduce future disputes over the extent of that authority.

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