Benefits of a Notarial Power of Attorney – When to Use It

Granting a power of attorney is a key legal instrument that enables one person (the attorney-in-fact) to act on behalf of another person (the principal). While a power of attorney can be granted in various forms, the notarial deed is often the most advantageous option. Below are some key benefits of granting a power of attorney in the form of a notarial deed:

1. Greater Evidentiary Value

A notarial deed is a document prepared by a notary, which gives it special evidentiary value. This means that the content of the deed is presumed to be true, which facilitates any court proceedings or disputes regarding the scope of the power of attorney. In the event of a conflict, a notarial deed serves as a reliable piece of evidence in court.

2. Security and Protection of Interests

Granting a power of attorney by notarial deed ensures that the principal’s intentions are clearly and unambiguously expressed. The notary verifies the identity and legal capacity of the principal, adding an extra layer of protection. This significantly reduces the risk of abuse by the attorney-in-fact.

3. Possibility to Specify Detailed Conditions

The notarial form allows for precise determination of the scope of the power of attorney, including specific terms and limitations. It can stipulate what actions the attorney-in-fact is authorized to take, allowing the principal better control over matters related to their property or personal affairs.

4. Facilitation of Legal Actions

Many institutions, such as banks or public offices, require a notarial power of attorney for certain legal actions. Having such a document can greatly expedite various processes, especially in situations that require prompt action.

5. Revocability of the Power of Attorney

A power of attorney granted in the form of a notarial deed, unlike other forms, can be easily revoked, and the revocation can also be made in the form of a notarial deed. This gives the principal flexibility in managing their affairs.

Conclusion

Granting a power of attorney in the form of a notarial deed offers numerous advantages. It provides legal certainty, protects the principal's interests, and facilitates many legal processes. We invite you to contact our notary office to learn more about powers of attorney and other legal services we offer.